LAND LAW Essay Example | Topics and Well Written Essays - 3750 words

LAND LAW - Essay Example He was not regular in visiting his property since he purchased it in year 1952, when he had asked his seller to plant Christmas trees on the land with the idea of harvesting it in later years. However, he could not tend to his land since he was posted at Bonn between the years 1955 to 1967. Subsequent to his return, between the years 1967-1972, the McFarlane’s could make few visits to the property site, but it was clear that his interest in his property was waning. The McFarlanes did not suspect that their land was under the possession of Powell until, in 1972, they noticed the new fencing on their land, which gave rise to suspicion in their minds that perhaps all was not well regarding their claims to the stated property. Powell brought action stating that he was in adverse possession of the said disputed land since 12 years from the period 1960 to1972.In order to substantiate this statement, he had to prove that he had actual possession and control over the said land for the last 12 years. The facts, as observed by Slade J, were that for a person to be in possession, whether legal or illegal, he should be able to bring action for trespass, against any trespasser or squatter, who comes into the said land, without his permission. This is except in the case of a person who has a better title to the land then what he himself has.. In other words, he had to maintain animus possidendi.This means that, when the law has to attribute possession of a land to person who does not have paper title on the said land, he must be in a position to prove that he has both the factual possession as well as the requisite intention to possess the said land. (Farlane 1977). The main issue in the event of alleged possession is that the squatter is dealing with the land as though it is his own, and in a manner that would be used by the true owner, and nobody else. The essence of animus posited is that the squatter, in his own