1Continuous, open, peaceful and non-consensual exclusive possession of land for over 12 years extinguishes the registered proprietor's title under the Limitation Act 1935 (WA) and Limitation Act 2005 (WA), even where the disputed area is very small and forms part of a strata scheme.
2Where defendants enter an appearance but elect not to oppose an adverse possession application, they remain proper contradictors for the purpose of declaratory relief, but the court must still be independently satisfied on the evidence that the elements of adverse possession are established.
3On the facts, exclusive use of a passage providing the only access to the rear of a residence — including storage, traversal, installation of utility infrastructure and engagement of tradespeople — was sufficient to establish factual possession and the requisite animus possidendi.
