Treloar v Nute

A squatter can acquire title by adverse possession even if the owner was not inconvenienced by the squatter's acts.

Citation
[1976] 1 WLR 1295
Court
Court of Appeal (Civil Division)
Year
1976
Subject
Land Law
Topic
Adverse possession

Facts

Mr Treloar owned a small plot of land. Mr Nute and his father used the plot for grazing, storing timber and other things, fenced it in, and began to build a bungalow on it. Mr Treloar sought to recover the land, arguing, relying on Leigh v Jack, that he had not been inconvenienced by Mr Nute's use of the land, so there was no adverse possession.

Legal principle

The Court of Appeal held that Mr Nute had acquired title by adverse possession. Sir John Pennycuick said that, where a squatter has been in possession for the limitation period, the owner's title is extinguished, and there is no requirement that the owner must have been inconvenienced or that the possession must have been inconsistent with the owner's purpose. The only question is whether the squatter had factual possession and the intention to possess.

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