Cunningham-Darling, Evelet v Samuels, Hillary and the Registrar of Titles

Necessary status before court to obtain a remedy – Different ways to establish a good root of title – Documentary evidence and evidence of “adverse” possession are two methods – A licensee does not have an interest in land – Operation of the Limitation of Actions Act where adverse possession relied upon to ground title – Both factual open undisturbed possession by the dispossessor for the limitation period and the intention of the dispossessor to possess the property are important in determining if the dispossessor acquires title by adverse possession – Factors to be considered to determine if an occupant has obtained possessory title to a part of a building where the building has multiple occupants – Registration of Titles Act – Appropriate procedure to be followed where application being made for first registration of land – Inappropriate to join Registrar of Titles in proceedings in which certain remedies are sought.