Powell v McFarlane (1979) 38 P & CR 452

In this case the court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.

Slade J stated that "If the law is to attribute possession of land to a person who can establish no paper title to possession, he must be shown to have both factual possession and the requisite intention to possess ('animus possidendi')."

He went on to state that "factual possession signifies an appropriate degree of physical control. It must be a single and exclusive possession, though there can be a single possession exercised on behalf of several persons jointly. Thus an owner of land and a person intruding on his land cannot both be in possession of the land at the same time. The question what acts constitute a sufficient degree of exclusive physical control must depend on the circumstances, in particular the nature of the land and the manner in which land of that nature is commonly used or enjoyed."

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