The Tubantia [1924] Hannah v Peel [1945]

Adverse Possession Must be for prescribed period of time = 12-years Possessor must prove paper title owner was dispossessed Limitation Act 2005 (WA), s19 Factual Possession & Intention elements can be satisfied Intention to adversely possess land should be obvious to the world Possession itself must be continuous & uninterrupted Multiple periods of possession can be joined to make up the whole Extinguish Adverse Possession True owner has made effective re-entry & reasserted proprietary title before 12-years Requisite degree of control and intention no longer exist Neither a lease or licence can constitute adverse possession = permissory interests Can follow after a lease has been terminated Cannot accrue against FRI or FRIC Cannot adversely possess Crown Land Adam Smith Ming 1977 “ enclosure is the strongest possible evidence of adverse possession” Seddon v Smith (1877) “ squatter intended in one’s name and on one’s own behalf, to exclude the world at large, including the owner with the paper title…” JA Pye (Oxford) v Graham [2003] Cannot be abandoned at any point prior to 12-years Mulcaby v Curramore Pty Ltd [1974] Series of trespassers can keep limitation in tact Shelmaerdine v Ringon Pty Ltd [1993] Where possession has been abandoned before 12-years Mulcaby v Curramore Pty Ltd [1974] Trustee cannot accrue against their beneficiary Hayward v Chaloner [1968]