CD, 11 May 2001. A dispute over the title of a piece of farmland, also involving an agricultural tenancy. The court had to decide whether the tenant, Higgs (H), was in factual possession of the disputed land and intending to exclude all others including the landlord, Adams. It was decided that H was in factual possession for the necessary 12-year period but the necessary intention to exclude others was not proved, therefore there was no adverse possession. It was also decided that the presumption that upon the determination of a tenancy any possessory title acquired by a tenant passes to his landlord, will not apply between the tenant and third parties (in this case the trustees of Batt (B). If adverse possession had been proved, and if the presumption applied that any title acquired by a tenant would pass to his landlord, then it would pass to H's landlord, Adams Jnr, not Adams Snr. Appeal allowed.