- Information
- AI Chat
Property tutorial question
Course
Property Law (LAW 2112)
58 Documents
Students shared 58 documents in this course
University
Monash University
Academic year: 2021/2022
Uploaded by:
Anonymous Student
This document has been uploaded by a student, just like you, who decided to remain anonymous.
Monash University
Preview text
Tutorial 3 —
Topic 6: Adverse Possession
Question One (a) Can Trek Enterprises evict the brothers from the land and proceed with its plans to develop the site as a ski resort?
- Trek Enterprises has a 99 year lease from Tiberius Kirk, which started in 2005
- Annie started to possess the land in 2005, and Trek Enterprises continued to pay rent
- Therefore, time started to run one year after Annie’s possession, in 2006
- For adverse possession, Annie must prove both factual possession and an intention to possess, as per Buckinghamshire
- Factual possession: Annie does more than just occupy the land, but asserts physical control over it by erecting a dwelling, planting a garden, and defending the land against littering and hunting. Her possession is not by consent of the owner, and is not secret as it has been advertised through the protest. It is unsure whether her possession is peaceful, because she only began possessing the land through her protest; however, after Trek Enterprises renounced their construction, Annie continued to possess the land.
- Intention to possess: Annie clearly displays this through building a place to live and a vegetable garden and taking care of the surrounding environment. Annie yells at a bushranger nearby for littering, which may be considered to be by force rather than peaceful.
- After Annie’s death, she leaves the land to her sons. They visit the land one month after her death, because periods of continuous adverse possession can be aggregated. The one month time period most likely would not
Was this document helpful?
Property tutorial question
Course: Property Law (LAW 2112)
58 Documents
Students shared 58 documents in this course
University: Monash University
Was this document helpful?
Tutorial 3 Ñ
Topic 6: Adverse Possession
Question One
(a) Can Trek Enterprises evict the brothers from the land and proceed with its plans to develop the
site as a ski resort?
¥ Trek Enterprises has a 99 year lease from Tiberius Kirk, which started in 2005
¥ Annie started to possess the land in 2005, and Trek Enterprises continued to pay rent
¥ Therefore, time started to run one year after AnnieÕs possession, in 2006
¥ For adverse possession, Annie must prove both factual possession and an intention to possess, as
per Buckinghamshire
¥ Factual possession: Annie does more than just occupy the land, but asserts physical control over it
by erecting a dwelling, planting a garden, and defending the land against littering and hunting.
Her possession is not by consent of the owner, and is not secret as it has been advertised through
the protest. It is unsure whether her possession is peaceful, because she only began possessing the
land through her protest; however, after Trek Enterprises renounced their construction, Annie
continued to possess the land.
¥ Intention to possess: Annie clearly displays this through building a place to live and a vegetable
garden and taking care of the surrounding environment. Annie yells at a bushranger nearby for
littering, which may be considered to be by force rather than peaceful.
¥ After AnnieÕs death, she leaves the land to her sons. They visit the land one month after her death,
because periods of continuous adverse possession can be aggregated. The one month time period
most likely would not
