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If the initial tenancy never contained permission to use the land, what would your advice to Brett be?
Courtney entered the land as a trespasser and could never have time accrue in her favour as a matter of policy, so Brett can assert his possession of the land
Courtney would have been required to make her intentions directly clear to Brett before time could start accruing in her favour
Brett has never been dispossessed – he responded to Courtney’s attempted registration by explaining that he was preparing a sale of the land, which is a very clear marker of possession
The question of initial permission is irrelevant; if Courtney is deemed to have been in possession for the relevant length of time, she is entitled to be registered as the proprietor of the land
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