The Court of Appeal comprehensively restated the principles governing adverse possession of general law land in Victoria, confirming that: (1) the intention required is to possess exclusively, not to own, so acknowledgments of paper ownership are not inconsistent with the requisite animus possidendi; (2) there is no separate requirement that the adverse possessor's use be inconsistent with the paper owner's intended use; (3) use and enjoyment of special benefits and exclusive possession are not mutually exclusive; (4) acts of possession must be assessed in context, including the nature of the land and the circumstances of the possessor; and (5) a number of acts which considered separately might appear equivocal may, considered collectively, unequivocally evidence the requisite intention.
The full text is available to signed-in members, including the 35 later cases that cite this judgment.
5 of the 35 citing cases carry a classified treatment. How each court treated it is available to signed-in members.