Adverse Possession - Bucks CC v Moran (1989)

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  • Bucks CC v Moran [1989]
    • Facts
      • Council acquired disputed land for future use as part of a road, however had not built the road
      • Land adjoined Moran's garden - used the land as an extension of garden
      • Moran built a fence
        • Excluding the world at large
    • Factual Possession
      • Only access to land was through Moran's garden or a gate which he had locked
      • Moran conceded that he would have been obliged to leave the land if required for the road
    • Intention to Possess
      • Intention was to exclude the world at large
      • By the time the council came to build the road, enough time had lapsed for Moran to own the land
      • Intention to own was defeated
        • BUT intention to possess the land to the exclusion of all others was not defeated


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