Vigolo v Bostin & Ors

The High Court of Australia considered an appeal from the Supreme Court of Victoria in a dispute concerning the ownership of a parcel of land. The appellant, Mr. Vigolo, sought to recover possession of the land from the respondents, Mr. and Mrs. Bostin, who had occupied the land for a period exceeding 15 years. Mr. Vigolo claimed ownership of the land based on a registered title, while the Bostins asserted a claim to ownership through adverse possession.

The central legal issue before the High Court was whether the Bostins had established the necessary elements for adverse possession of the land under Victorian law, specifically whether their possession had been adverse to the true owner for the statutory period of 15 years. This required the court to examine the nature of the Bostins' occupation and whether it demonstrated an intention to possess the land to the exclusion of all others, including the registered proprietor.

The High Court, in a joint judgment, affirmed the principles of adverse possession. Their Honours held that for possession to be adverse, it must be factual possession coupled with an intention to possess. Factual possession requires an appropriate degree of exclusive physical control over the land, while the intention to possess means an intention to exercise control over the land for the time being, so as to exclude the world at large, so far as is practical, including the true owner. The court found that the Bostins had not demonstrated the requisite intention to possess the land to the exclusion of Mr. Vigolo, as their actions indicated an understanding that they were occupying the land with Mr. Vigolo's permission, albeit an informal one. Consequently, the statutory period for adverse possession had not been satisfied.

The High Court allowed the appeal, setting aside the orders of the Supreme Court of Victoria and ordering that Mr. Vigolo recover possession of the land.