In The Matter of Land at Lumley Beach, Attorney-General v Davies & Others (1 of 1929) [1929] SLSC 1 (29 May 1929)


Land Law - adverse possession - time does not run unless area of land
defined, possession not referable to any right, and owner dispossessed
and excluded: A prescriptive title to land is not obtained by the mere
possession of an unascertained area during the statutory period: the area
must be defined, preferably by enclosure; possession must not be
referable to any right to use or possess the land, such as a tenancy at will
or a customary right; and the trespasser should dispossess the rightful
owner, demonstrating his intention to possess adversely to him by
excluding him and preventing him from exercising acts of ownership
over the land.

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