Forrester v Bataille [2003] NFSC 2

Forrester v Bataille [2003] NFSC 2

The plaintiffs have each been in adverse possession of the relevant part of the disputed strip for a period exceeding 12 years; there is no evidence of public acceptance or use of the strip as a public road. Therefore, the previous title has been extinguished under s 31 of the Limitation of Actions (Real Property) Act 1988 (NI) and the plaintiffs are entitled to declarations that they hold title to the respective portions of the land in question.

Jurisdiction
Australia
Judgment Date
20 June 2003
Procedural Posture
Civil / Judgment
Outcome
Declarations made in favour of each plaintiff that he holds title to the portion of the disputed land abutting his land; costs reserved.
Legal Topics
['adverse Possession' 'land Title' 'public Road Dedication' 'limitation of Actions']
['real Property'] ['adverse Possession' 'land Title' 'public Road Dedication' 'limitation of Actions']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ["Whether the strip of land marked 'Reserved Road' is a public road" 'Whether invitation for public road use was accepted by the public' 'Whether plaintiffs have established title by adverse possession to the disputed land' 'Whether previous title has been extinguished under limitation legislation']

Ratio Decidendi

The plaintiffs have each been in adverse possession of the relevant part of the disputed strip for a period exceeding 12 years; there is no evidence of public acceptance or use of the strip as a public road. Therefore, the previous title has been extinguished under s 31 of the Limitation of Actions (Real Property) Act 1988 (NI) and the plaintiffs are entitled to declarations that they hold title to the respective portions of the land in question.

Court Disposition

Declarations made in favour of each plaintiff that he holds title to the portion of the disputed land abutting his land; costs reserved.

Orders

  • ["It be declared that the plaintiff, John Kenneth Forrester, holds title to so much of the land designated, in the Deed of Partition registered as dealing 1290, as 'Reserved Road Parallel to Cliffs – one chain wide' as abuts Portion 1d, Norfolk Island." "It be declared that the plaintiff, Mark Knight Carey, holds...