Chapter 5 – Property Rights and Human Rights, the Concept of First Possession Flashcards
Sec7 of the Charter guarantees…
Life, liberty, and security of the person
In relation to Housing, Sec7….
Does not compel the government to guarantee the right to housing, unless it directly interacts with the juts system. the Government does not need to be proactive to solve housing.
Name the different types of possession
“actual possessin” (a box), “constructive possession” (having a key to a locked box), “a right to possession”, and “pedal possession” (power over property)
With respect to title, property interests are always…
Reltitive from one claim to another
This person will (almost) always have the best claim to property
The True Owner
Under what condition will the True Owner not have the best claim?
If the property has been abandoned
Who established the 2 theories of possession?
John Lock
What are the 2 theories of possession?
- Standard Bourgeois Theory – original ownership is created when labor is mixed with a thing. By doing something to a thing, the laborer establishes ownership over it. However, it is not evident how the labor is sufficient for ownership
- Consent of the Masses – everyone forms a consensus as to who owns what. However, this is impossible to do at scale.
In common law, what is the origin of property?
Possession/Occupation
The Root of Title is established by…
They who achieve first possession
In Pearson v Post, why did the court side with Pearson?
Because he killed/mortally wounded the animal. This displayed an “unequivocal intent of appropriating the animal for their use”
How does one display an intent to possess intangible property?
Through “secondary symbols” ex. filing a copyright claim
For possession of animals, this factor can be determinative
Whether or not that animal has been domesticated
Animus Possessedi means
Intent to Possess the proeprty
Factum Corpus means
Physical control over the property
