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Cotton v Keogh and Others - [1996] 3 NZLR 1

$30.00

Court of Appeal Wellington
14 May; 4 June 1996
McKay, Blanchard, Doogue JJ
Property law — Title — Appellant claiming prescriptive title to land by adverse possessions — One-third interest in property in question transferred bona fide for value between the High Court and Court of Appeal hearings — Whether appellant now entitled to relief sought — Land Transfer Act 1952, ss 63 and 183.
Property law — Title — Whether prescriptive title obtained by adverse possession — Whether appellant had discharged onus of proof as to adverse possession.
Property law — Caveat — Appellant claiming prescriptive title to land by adverse possession — Appellant lodging caveat in form R which lapsed — Appellant lodging caveat in form N without Court Order — Whether order required — Whether caveat wrongfully lodged — Whether respondents entitled to damages for wrongful lodgement — Land Transfer Act 1952, ss 146, 148 and 205.

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