IS POSSESSION NINE TENTHS OF THE LAW?
EASEMENT BY PRESCRIPTION; ADVERSE POSSESSION and COMPULSORY ACQUISITION
This theme has emerged from recent Supreme Court, Court of Appeal (VSCA) decisions. Just because you are the registered proprietor of land, doesn’t mean that you are immune from part of it being “possessed” by another to your exclusion. In the case of easements and adverse possession, if you are aware that an adjoining owner has encroached onto your land and you do nothing about it, beware
