138VRequirements for title by possession

138V Requirements for title by possession

[Section 138V Amended by No. 36 of 2012, s. 42, Applied:13 Nov 2012] In determining an application for title based on possession, the Recorder must consider all the circumstances of the claim, the conduct of the parties and in particular –

(a) whether, during the relevant period, the applicant enjoyed possession of the land as of right; and

(b) whether there is any reason to suppose that during the relevant period that enjoyment was by force or secretly or that that enjoyment was by virtue of a written or oral agreement made before or during that period unless the applicant can show that any such agreement terminated before that period; and

(c) the nature and period of the possession; and

(d) the improvements on the land and in particular –

(i) when they were made; and

(ii) by whom they were made; and

(e) whether or not the land has been enclosed by the applicant; and

(f) whether during the relevant period the applicant acknowledged ownership, paid rent or made any other payment in respect of the land –

and the applicant must produce evidence from at least one disinterested person in support of the application.