ADVERSE POSSESSION, PROLONGING LICENCES AND THE IMPACT OF HUMAN RIGHTS

J A Pye (Oxford) Ltd v Graham ((2001) The Times , 13 February, CA)

Intention to possess land, as a necessary ingredient in establishing title by adverse possession, is a question of fact to be affirmatively established by the party claiming such title. Where absent, it may well show a lack of possession. It may be proved by direct oral or written evidence from the alleged possessor as to his past acts and state of mind, or by the evidence of third parties, or by inference from circumstantial evidence. A squatter may have the necessary intention even though he honestly but erroneously believes that the land belongs to him. The required intention is not necessarily shown, however, merely by proof that the alleged possessor continued to make a limited and authorised use of land after a personal and limited licence in his favour had expired.