Griffith v. Brown, 5 A.R. 303, to which the learned trial Judge refers, is relied on by the defendants. But there it was clear that the plaintiffs’ user of the stairway which they had erected upon the defendant’s land had not had the effect of excluding the defendant. The platform, stairway, and landing were equally open to the defendant and the plaintiffs, and the defendant had in fact on one occasion moved the platform and occupied the ground upon which it rested for six weeks. In these circumstances the Court of Appeal held that the plaintiffs had not had such exclusive occupation for 10 years as to bar the defendant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.