PC (Trinidad and Tobago) The estate of the deceased claimed title to land by adverse possession. The original registered owner had never taken physical possession of the land since 1956. The claimant had said that he had come to occupy the land as part of his farm. The action had been very protracted and most witnesses and the principal parties had died.
Held: In assessing the significance of acts of occupation and possession for the purpose of deciding whether they have led to the acquisition of a possessory title, the nature of the land in question and the character of the actors are highly relevant. Though the land had been unfenced, the judge had found it satisfactorily defined. The land had been farmed. Though the finding that sufficient animus possidendi was not inevitable form the facts, the evidence could support that conclusion. There was insufficient reason to interfere with the decision, and the appeal was dismissed.
Judges:
Lord Bingham of Cornhill, Lord Clyde, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Citations:
[2004] UKPC 48
Links:
Jurisdiction:
England and Wales
Land, Limitation
Updated: 12 September 2022; Ref: scu.215958
