... to establish whether or not an appropriate degree of physical control has been exercised over the land, the courts will apply an objective test, which relates to the nature and quality of the land in question.4 In applying this objective test in Seddon v Smith (1877)5; Cockburn CJ recognized that 'Enclosure is the strongest possible evidence of adverse possession' i.e. that fencing is always good evidence of possession. It could be considered therefore that the fence which had been in place dividing the boundaries between Brenda's and Alfred's house, is there to exclude others (including Brenda) from trespassing on the land in question. However, it's important to advise Alfred that in Wata-Ofei v. Danquah6, it was stressed that acts required to take possession of the land will vary depending upon the land in question. Therefore I would not encourage Alfred to become over reliant upon common law decisions. Alfred must ...

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