ABSTRACT
This article examines the principles of adverse possession, focusing on the significance of the type, nature, and character of land, as well as the sufficiency of minor or trivial acts in establishing factual possession. It critiques the inconsistency and incoherence in interpretations of these principles by the court, highlighting conflicting case law and unpredictability in outcomes. It advocates for a return to the orthodox principles of custody, control, and exclusion as outlined in Powell and Graham, arguing that this approach would bring greater clarity and coherence to the law.
Bevan, Chris, Adverse Possession, the Significance of the ‘Type’ and ‘Character’ of Land, and Minor or Trivial acts of Possession (December 1, 2025).
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