Adverse Possession - Zarb v Parry (2011)
- Created by: Lucy.payne
- Created on: 11-01-20 20:46
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- Zarb v Parry [2011]
- Facts
- Z & P in dispute over ownership of a ***** of land that physically formed part of the Parry's garden
- Previous owner had always treated the boundary as being marked by a hedge
- Zarbs contested the boundary was 12 feet north of the hedge
- In 2002, the Parrys purchased the land
- Dispute erupted again in 2007
- Factual Posession
- The Zarbs cut down a tree and uprooted a fence post
- Zarbs initially refused to leave, insisting the land belonged to them
- Started making a boundary with surveyors tape
- Zarbs commenced court proceedings
- Outcome
- Established that Zarbs had paper title to the land
- One of the grounds on which the Zarbs challenged the Parry's claim was that the confrontation in 2007 constituted an interruption of the Parry's AP
- Argument was rejected by judges at first instance and confirmed by the Court of Appeal
- The Parrys had obtained title through AP
- Had the old boundary been removed and a new one been put up, this could have interrupted the AP
- Actions were insufficient
- Facts
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