“Article 1 of Protocol No. 1 to the Convention, which
guarantees in substance the right to property, comprises three
distinct rules. The first one, which is expressed in the first
sentence of the first paragraph, lays down the principle of
peaceful enjoyment of property in general. The second rule, in
the second sentence of the same paragraph, covers deprivation
of possessions and makes it subject to certain conditions. The
third, contained in the second paragraph, recognizes that the
Contracting States are entitled, among other things, to control
the use of property in accordance with the general interest. The
second and third rules, which are concerned with particular
instances of interference with the right to peaceful enjoyment of
property, must be construed in the light of the general principle
laid down in the first rule”
See GOGITIDZE AND OTHERS v. GEORGIA, Application no. 36862/05), 12 May 2015 and
among others, IMMOBILIARE SAFFI v. ITALY [GC], no. 22774/93, § 44, ECHR 1999-V.
47. Thus flowing from the above rules, in determining whether the Respondent
violated this right, the facts must establish the following:
a) That the Applicant has proved a proprietary right or possession of
the said property;
b) That there was an interference with the possession by the
Respondent;
c) That the interference was for public interest;
d) That the interference was in accordance with the appropriate laws.
a. Proof of a proprietary right or possession of the said land.
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