000			01539cab a2200217 4500
001			ABS47338
008			090401t1992 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u61662
041			_aeng
245			_aMarsden v Miller and others
260			_c1992
350			_a0
490			_aProperty and Compensation Reports _v(1992) 64 PCR 239-244(4)
520			_aCA 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
650			_aOWNERSHIP
650			_aRIGHTS OF ACCESS
650			_aRIGHTS OF WAY
690			_aPROPERTY LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c38244 _d38244