McAdam v Robertson

McAdam v Robertson concerned a dispute between the parties over the ownership of a parcel of land. The case was heard by the High Court of Australia.

The central legal issue before the High Court was whether the respondent, Robertson, had acquired title to the land by adverse possession. This required the court to consider the elements necessary to establish adverse possession under the relevant legislation, particularly the nature of the possession required and the intention of the possessor.

The High Court examined the evidence presented regarding Robertson's occupation of the land. It applied the principles established in previous Australian authorities on adverse possession, which require factual possession and an intention to possess the land to the exclusion of all others. The court considered whether Robertson's actions demonstrated these elements for the statutory period.

The High Court found that Robertson had not established adverse possession and therefore did not have title to the land. The appeal was allowed, and the orders of the lower court were set aside.