Adverse Possession

Question 1

s.13(2)(a) SoL 1957

Answer 1

12 years generally

Question 2

s.13(1)(a) SoL 1957

Answer 2

30 years for State Authority owned

Question 3

s.13(1)(b) SoL 1957

Answer 3

60 years if it’s foreshore

Question 4

s.18(1) SoL 1957

Answer 4

Possession of the Land
- must be in possession of the property
- must be a trespasser
- possession must be exclusive

Question 5

s.14(1) SoL 1957

Answer 5

once the occupier takes possession, right of action time for the legal owner begins

Question 6

s.15(1) SoL 1957

Answer 6

anyone with a future interest in a property, time to reclaim only begins once they can have possession

Question 7

Powell v McFarlane 1977

Answer 7

Animus Possidendi definition - intention to exclude the world at large

Question 8

Murphy v Murphy 1980

Answer 8

AP requires that there be a person in possession

Question 9

Leigh v Jack 1879

Answer 9

as long as the occupier’s actions don’t interfere with the landowners future intended use, the future use of the landowner is enough to prevent AP

Question 10

Seamus Durack Manufacturing v Considine 1987

Answer 10

it’s the intention of the occupier that matters, not the intention of the landowner

Question 11

Perry v Woodfarm Homes Ltd 1975

Answer 11

if a tenant is dispossessed, they have nothing to surrender or assign.