000 01261cab a2200229 4500
001 ABS49061
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u69710
041 _aeng
245 _aWilson & another v Martin`s executors
260 _c1993
350 _a0
490 _aEstates Gazette
_v(1993) 24 EG 119-122(4)
520 _aCA 21 December 1992. M, the defendants, successors in title to the Isenhurst estate, from which, in 1947, Sunset Farm had been sold to W`s predecessors including a Mr Howitt. Ownership of a wood between the two properties became disputed and in 1989, W fenced it and claimed a declaration and damages for trespass. At court this position was upheld; the judge was satisfied that H regarded the land as his and had passed on to W any rights gained by adverse possession. M appealed arguing that the presumption established in "Smirk v Lyndale Developments Ltd" should be applied and that there was insufficient evidence that H was in adverse possession at all material times. Held in M`s favour.
650 _aADVERSE POSSESSION
650 _aDISPOSSESSION
650 _aSQUATTERS RIGHTS
650 _aSQUATTING
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c43809
_d43809