Adverse Possession - Zarb v Parry (2011)

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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


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