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Boosey and another v Davis and others

Language: English Series: Property and Compensation Reports ; (1988) 55 PCR 83-87(5)Publication details: 1988Subject(s): Summary: CA 11 June 1987. Appeal by landowners (D) against cc decision in favour of users of land (B) who were granted a declaration that they had acquired possessory title to the land by adverse possession . The land had been used for the grazing of goats since about 1963. B had cleared it of scrub and had erected a wire mesh fence. The land was forage land and was not used for any other purpose. D had no particular intended future use for it. On appeal to CA, the question at issue was whether B`s use of the land was sufficient to constitute adverse possession. CA had to consider 1) the nature of the land; 2) the intention of B and 3) the quality and quantity of B`s acts. CA held that the use of the land need not have been limited to grazing, but could have been used for development and that B`s use of the land was minimal in terms of the quality and quantity of user. It was also held that the clearing of the scrub was not significant as it was done merely to facilitate the minimal use by th
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Law report London Journal article ABS38804 (Browse shelf(Opens below)) 1 Available 12463-1001

CA 11 June 1987. Appeal by landowners (D) against cc decision in favour of users of land (B) who were granted a declaration that they had acquired possessory title to the land by adverse possession . The land had been used for the grazing of goats since about 1963. B had cleared it of scrub and had erected a wire mesh fence. The land was forage land and was not used for any other purpose. D had no particular intended future use for it. On appeal to CA, the question at issue was whether B`s use of the land was sufficient to constitute adverse possession. CA had to consider 1) the nature of the land; 2) the intention of B and 3) the quality and quantity of B`s acts. CA held that the use of the land need not have been limited to grazing, but could have been used for development and that B`s use of the land was minimal in terms of the quality and quantity of user. It was also held that the clearing of the scrub was not significant as it was done merely to facilitate the minimal use by th