Adverse Possession
A reflection that sometimes the register does not reflect what is happening on the ground,
e.g. if B occupies A’s land for 12 years, who should be counted as the owner of that land?
Adverse Possession = Factual possession of land + intention to possess land + effluxion
(passing) of time
Limitation statute (sometimes)
Factual Possession:
Pye v Graham – building on or cultivating land
Port of London v Ashmore – mooring boats on a riverside
Treloar v Nute – grazing animals and storing timber
Redhouse Farms v Catchpoles – shooting wildfowl on marshland
Moran – erection of fences/notices and granting shooting rights
Roberts v Swangrove Estates – fishing
AP and Leasehold:
A reflection that sometimes the register does not reflect what is happening on the ground,
e.g. if B occupies A’s land for 12 years, who should be counted as the owner of that land?
Adverse Possession = Factual possession of land + intention to possess land + effluxion
(passing) of time
Limitation statute (sometimes)
Factual Possession:
Pye v Graham – building on or cultivating land
Port of London v Ashmore – mooring boats on a riverside
Treloar v Nute – grazing animals and storing timber
Redhouse Farms v Catchpoles – shooting wildfowl on marshland
Moran – erection of fences/notices and granting shooting rights
Roberts v Swangrove Estates – fishing
AP and Leasehold:
