CA 26 January 1992. The plaintiff, X, and the defendant, Y, owned adjoining properties. There was a piece of empty land between the properties which had been used by X and Y and their predecessors in title for a variety of purposes. The legal title was not known. In August 1981 X erected a fence around that land and put up a notice stating that he laid claim to the ownership. Y protested and removed it. X and Y continued to use the land as before. In 1984 X commenced an action seeking a declaration that he was entitled to possession of the land, an injunction to restrain the defendant from entering the land and damages. The court dismissed the claim and X appealed. This was dismissed on the grounds that where land was used by a claiment for possession and by other people, and where continued use by those others would be inconsistent with the possession sought to be obtained, the claiment, not being entitled in law to possession, could not obtain de facto possession for the purposes o