GOVAN v. DRAYTON

13 VLR 342·HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.
13 VLR 342
13 VLR 342
GOVAN v. DRAYTON Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ. July 6, 11 July 1887 Limitations — Adverse possession — Breach of continuity of adverse possession by constructive possession reverting to the holder of title before the expiration of statutory period .

A sold a block of land to B, in 1865. B took possession, and by mistake fenced in 20 feet not sold or conveyed to him. In 1878 B sold the block of land back to A, who, without taking actual or formal possession, sold it to C, who kept possession until 1887. In 1887 D, who had bought adjoining land from A, including this 20 feet improperly fenced in by B, brought an action of ejectment against C to recover the 20 feet. C claimed possession by reason of adverse possession for the statutory period.

""

Continue Reading This Report

13 VLR 342

One-off Purchase

$25
This report only
Permanent access
PDF download
Best Value

Digital Subscription

$45/mo
or $450/yrSAVE $90
All reports included
Unlimited access
Cancel anytime
Don't have an account? Create Account