## Facts

- The dispute centered on a piece of agricultural land claimed by Mr. Powell through adverse possession after over 12 years of occupation.
- Mr. Powell argued that his use of the land—including grazing cattle and maintaining fences—demonstrated factual possession sufficient to acquire title.
- Mr. McFarlane, the registered owner, disputed these claims, asserting the acts were insufficient for adverse possession.
- The court examined the nature, extent, and continuity of Powell’s use, his intention regarding possession, and whether his actions showed exclusive control.

## Issues

1. Did Mr. Powell's actions satisfy both elements required for adverse possession: factual possession and intention to possess?
2. Were Powell’s activities on the land sufficient to demonstrate exclusive control and the necessary animus possidendi?
3. Was intermittent and non-exclusive use, such as grazing and limited maintenance, adequate to establish adverse possession under English law?

## Decision

- The court concluded that Mr. Powell’s actions, including grazing cattle and maintaining fences, did not amount to exclusive control or factual possession.
- Intermittent, largely natural use and lack of clear, exclusive control were deemed insufficient for adverse possession.
- The required intention to possess the land as one’s own (animus possidendi) was not established on the facts.
- Adverse possession demands more than mere occupation; there must be unequivocal acts asserting ownership.

## Legal Principles

- To establish adverse possession, a claimant must prove both factual possession (physical control sufficient to exclude others, including the owner) and intention to possess (animus possidendi).
- Factual possession involves consistent and exclusive acts of control; sporadic or minimal use is inadequate.
- Intention to possess is assessed objectively through conduct, not subjective belief or motivation.
- Both factual possession and intention to possess must be shown concurrently; one without the other is insufficient.

## Conclusion

Powell v McFarlane established a rigorous two-part test for adverse possession, requiring clear and continuous acts of exclusive control alongside an objective intention to possess, thereby setting a lasting standard for property law claims in England.

Powell v McFarlane (1979) 38 P & CR 452