Chapter 8 Interactive key cases

Chapter 8 Interactive key cases

Possession of land over which the paper owner intended to build a bypass in the future. The adverse possessor knew this and intended to possess until such action was taken.

An adverse possessor’s knowledge of the intended future use of the land will not prevent possession from being adverse. The adverse possessor must intend to possess the property for his own benefit for as long as he can.

Enclosure of land by adverse possessor to prevent her dogs escaping when exercised there.

It is the objective effect of an adverse possessor’s actions, rather than his subjective motivations, which must be considered when establishing a sufficient degree of physical control to amount to factual possession of land.

14-year-old boy grazed his cow on disputed land.

Where the actions of an adverse possessor could be open to more than one interpretation, thus his intention is ambiguous, the requisite intent cannot be found.

Farming of grazing land by the defendants, initially on the basis of a grazing licence, but once expired and a request for renewal refused, without such a licence. Defendants padlocked gate giving access to the land, with no key being given to paper owner. Defendants acquired title to the land by adverse possession.

An adverse possessor must be dealing with the land in a way an occupying owner would, to the exclusion of others and contrary to the paper owner’s wishes. Willingness to possess land with permission will not prevent possession from being adverse until such permission is given.

Acts relied upon by claimants to establish physical possession of land were tethering and exercising their horses on the land and allowing their children to play on the land.

Factual possession of the land will not be established by mere temporary and trivial acts of trespass.

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