Relativity of Title
-strength of title is determined by reference to all others with title
- the earlier possessor has better title
"no person can give what he or she does not possess" (once P established can transfer rights)
Armory v Delamirie
jewel found by chimney sweep, jewel apprentice takes it.
CS has best right (other than TO)
- the person who can assert prime possession can vindicate their claim, they do not need to show they are the true owner.
Asher v Whitlock
2nd husband v daughters heir
- can you generate a right of possession?
yes. (adverse possession)
best indication of ownership (especially prolonged)
-CL concept where someone exerts control over land which they do not actually hold a paper title to.
- after a certain # of year the swatter is deemed to have better title than actual title holder
(limitations act (12 eng) + CL adverse possession = 'good title')
- actual holder must dispossess
- must have CONTINUOUS possession
Q: was moran in AP of land in 1973?, if so council has lost right to sue for possession & Moran had better title
FP: yes - complete, exclusive, lock on door
ITP: - if had implied licence, wouldn't have AP - must be adverse (knew he was there an did nothing = Implied licence? NO)
- ct get around because intended to exclude world at large.
- didn't matter council would use it in the future - for the TIME BEING.
MIN (Nourse LJ)
-Squatters intention is what matters, NOT paper title holder (only if squatter knows about it as it MAY effect their own intention BUT not in this case)
Adverse Possession TEST
1. factual possession
2. Intention to possess - based on facts and circumstances, to exclude the world at large. Not an intention to acquire ownership.
Roberts v Swangrove
Acts in respect of part of an area are evidence of possessi