Adverse Possession - Powell v McFarlane (1979)

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  • Powell v McFarlane (1979)
    • Factual Possession
      • Powell (aged 14) lived on a farm with his grandparents
      • He used McFarlane's land to cut hay and made reprairs to the boundary fences so he could graze cows
      • McFarlane was the Paper Owner of the land
      • PO has bought the land with the intention to do something with the land
        • BUT PO had ended up working overseas
    • Intention to Possess
      • '[He] entered it simply with the idea of taking what he needed from it by way of grazing, etc. until he was stopped, and with no real thought at that time of establishing a permanent dominion over it.'
        • His intention was a temporary intention
        • His aim was not to possess the land but to use it temporarily
      • 'These acts do not in my judgment go far enough to prove the requisite animus possidendi, particularly of a 14 or 15 year old boy'
        • Age of the person contributed in this case
        • Cows were not grazing on the land all the time, therefore not demonstrating a permanent intention to possess


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