Under s 14(4) of the Limitation of Actions Act 1958 (Vic), a co-owner claiming adverse possession must establish the same substantive elements as under s 14(1): factual possession and intention to possess to the exclusion of the other co-owner. Partial mortgage payments by the absent co-owner, where acknowledged as child maintenance, do not negate adverse possession by the occupying co-owner. Storage of remnant personal belongings on the land does not demonstrate that the occupying co-owner possessed in part for the benefit of the absent co-owner. The inference of permission commonly drawn in family relationships does not apply with equal force where the relationship has ended.
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