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Preface: Is there a possessory title claim to be made? If not, proceed via Adverse Possession.
Step 1: Is the land registered under the Land Registry Act? If so, we can proceed.
Step 2: What common law elements of adverse possession are engaged?
o
o
o
The above acts of possession are highly contextual. Focus on those that are most
relevant to the case. Do not belabour them.
Paper title imbues constructive possession; the smallest act ensures the
owners continuance (intention to possess)
Acquiescence to the squatters (saying and doing nothing) is not implied consent
(Keefer)
When there is consent you must show discontinuance AND dispossession
(Keefer)
No Mistake: You must show dispossession via the Inconsistent User Test
o Is the squatter using the land in a way that the owner intended to use it?
Yes: Then the squatter does not have intent to exclude the owner
and the claim fails.
No: Then the squatter is excluding the owner and the claim wins.