ABSTRACT
Introduction Adverse possession is a means of acquiring land belonging to another person by occupying, or ‘possessing’ that land for an extended period of time.
Understanding: what constitutes adverse possession In order to establish a claim in adverse possession the person occupying the land needs to first establish the following: 1. Possession 2. Intention to possess 3. That the possession is adverse 4. Effluxation of time
Possession In order to show adverse possession the claimant must be able to show that they are in actual possession of the land. In Powell v MacFarlane Slade J defines this as asserting: ‘an appropriate degree of physical control’ over the property.
