Real Property – Recovery of possession of land – Adverse possession – Whether deceased’s possession of land extinguished the title of the registered owner prior to the exercise of the mortgagee’s power of sale – Whether the purchaser from a mortgagee takes free of an unregistered possessory title – Purchaser in possession – Squatter – Whether agreement for sale in existence- Whether the deceased had the requisite animus possidendi where occupation commenced under incomplete agreement for sale – Acknowledgement of title –Burden of proof in a claim for recovery of possession where adverse possession is pleaded – Whether the affidavit in support of a fixed date claim form forms part of the pleadings – Limitation of Actions Act, ss. 3, 16 and 30 – Registration of Titles Act, ss. 68 and 70 – Civil Procedure Rules, rr. 8.9(1) and 8.9A.
Case Number
SU2019CV01490
Presiding Judge
Year
Neutral Citation
[2026] JMSC Civ 27
Date of Delivery