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Unformatted text preview: the true owner.
Perry v Clissold  AC 73
Land was being resumed (reclaimed) by a public authority
under legislation that required compensation to be paid
to the owner of the land. The actual owner was unknown,
but the person in possession (originally as a trespasser)
had entered into possession some 10 years earlier, had
made improvements to the land, received rent, and
appeared in the council’s rate books as a rateable person
and paid rates. During the 10 years of occupation, the
occupant had held continuous exclusive possession and
there had been no notice of adverse claims. ISSUE: Can continuous long-term, undisputed
possession constitute a possessory title? DECISION: The occupier was not a mere trespasser
but had a possessory title that gave the occupant a
valid claim against everyone but the true owner. COMMENT: The only person who can defeat the claim
of the occupier of the land (except for the statutory
passing of time) is the person who can prove title by
evidence of a conveyance. Goods
Where goods are found, mere possession may establish a property in goods against everyone except the
true owner; hence the expression ‘possession is nine-...
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This document was uploaded on 04/23/2012.
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