Adverse Possession Essay

1111 WordsMar 11, 20125 Pages
ADVERSE POSSESSION – CASE LAW Allen v Roughley (1955) Equity > Trusts and trustees > Appointment, removal and estate of trustees > Acceptance of the trust Vesting of trust property in trustee - Deed defining trust property - Claim by trustee to beneficial interest in property - Denial that property subject to trust - Suit by beneficiaries to enforce trust - Title of trust to property assumed against trustee - Burden of proof on trustee to establish interest A trustee and the representatives of a deceased beneficiary sought a declaration that land then in the occupation of A, the other trustee, who was sued in his representative capacity, was an asset in the estate of their testator C, who died in 1895. C acquired the fee, under common law title, in 1880 by conveyance from P as mortgagor and H as mortgagee, P, having in 1877 mortgaged to H. The land was originally the subject of a Crown grant to T in 1823, but there was no documentary or other evidence of the state of the title between the grant and the mortgage of 1877. C occupied the land from purchase until his death and by will included it in a residuary devise to his trustees to the use of his son W for life and, in the events which happened, remainder to all C's children. A went into possession in 1898 and from that time used the land for his own benefit. By deed, dated 13 August 1937, in which they both joined, A and the plaintiff-trustee were appointed new trustees of C's estate, which appointment was confirmed by a further deed. The earlier deed, in assuring the property the subject of the trust, incorporated by reference the land assured by the will, which expressly mentioned the subject land. W died in 1942. Between the death of C, and 1900 he lived with A and his wife at the homestead on adjoining land and worked as one with them, and, in about 1900, went to New Zealand, where he remained until

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