the acts taken which are said to be constitutive of the physical possession must be done solely in order to secure possession of the land and cannot have another motive. Justify your answer by reference to the case law.

Question

Quizplus · Accepted Answer

In the case of Buckinghamshire CC v Moran (1990), it was established that the motive behind the acts done to secure possession of the land is irrelevant as long as the acts demonstrate a sufficient degree of physical control and an intention to possess the land. This means that acts constitutive of physical possession do not need to be done solely to secure possession; they can have other motives as well.

The Acts Taken Which Are Said to Be Constitutive of the Physical