6 Sept 2005
BOSKETT & ANOTHER V DRUMMOND & ORS HC NEL CIV 2005-442-121
- Citation
- openlaw-21ae13b1_dbb1_48bb_8371_f570308e335c.pdf
- Court
- High Court
The Bosketts failed to establish an arguable case of continuous adverse possession for the statutory 20 years because the evidence showed the Drummonds, while owning CT 2A/246 between 1996 and 2002, asserted ownership and possession of the disputed area (surveying and erecting a boundary fence), thereby interrupting the exclusive adverse possession required by s3 of the 1963 Act; accordingly the caveat could not be sustained.