The Tubantia [1924]

Hannah v Peel [1945]

Adverse Adverse PossessionPossession

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

Adam SmithAdam Smith

MingMing

19771977

Intention to adversely

possess land should be

obvious to the world

““enclosure is the enclosure is the strongest possible strongest possible

evidence of adverse evidence of adverse possession”possession”

Seddon v Smith (1877)

““squatter intended in squatter intended in one’s name and on one’s name and on one’s own behalf, to one’s own behalf, to exclude the world at exclude the world at large, including the large, including the

owner with the paper owner with the paper title…”title…”

JA Pye (Oxford) v Graham [2003]

Possession itself must

be continuous

& uninterrupt

ed

Multiple periods of possession

can be joined to make up the whole

Cannot be abandoned at any point prior

to 12-yearsMulcaby v Curramore Pty Ltd [1974]

Series of trespassers can keep

limitation in tact

Shelmaerdine v Ringon Pty Ltd [1993]

Extinguish Adverse

Possession

Where possession has

been abandoned before 12-

years

Mulcaby v Curramore Pty Ltd [1974]

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 permissory interestsinterests

Can follow after a lease

has been terminated

Cannot accrue against FRI or

FRIC

Trustee cannot accrue against

their beneficiary

Hayward v Chaloner [1968]

Cannot adversely

possess Crown Land