Chapter 7 – Possession in Relation to Land (Possession as a Property Interest in Possession, Statutes of Limitation, and Possessory Title) Flashcards

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1
Q

This case established that possesatory interest may be passed down in a will,

A

Asher v Whitlock

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2
Q

This Medival concept turns possession of land into entitlement to that land.

A

Sesin

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3
Q

Livery of Sesin was the means by which…

A

Land was transferred from one owner to the next in the Medieval period

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4
Q

Sesin established…

A

The differentiation between factual possession and actual possession

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5
Q

This case brought in the issue of Jus Tertii

A

Perry v Clisshold

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6
Q

Jus Tertii means…

A

whether existence of a better claim by someone other than plaintiff would defeat the plaintiff’s claim for compensation against defendant

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7
Q

The concept of Self Help is___ and it is regarded as ___ by the courts.

A

A common law method to regain possession of land, unfavourable

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8
Q

In land disputes with Aboriginals, the Crown is hypocritical because…

A

Under common law principles, the fact that the Aboriginals possessed their land should have been enough to grant them title to their land

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9
Q

Statutes of Limitation define…

A

the relationship between a person with an interest based on possession and a person with a prior claim to possession

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10
Q

Historically, this person had the best claim to land under the law

A

They who possessed it

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11
Q

In today’s court, this with be the determinative factor between a title holder and possessor in who should own the property

A

How vigilant the paper title holder is

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12
Q

The statutes of limitation, when met, grant this upon the possessor

A

Extinguishment of the pear title holder’s rights, but not absolute title to the possessor

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13
Q

These 3 levels of applying right of possession exist

A

o 1. Possession according to common law
o 2. Statutory language about limitation periods
o 3. Judicial interpretation of facts in relation to these legal principles

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14
Q

With regard to the Statute of Limitations, it is necessary to define…

A

o when the limitaiotn perioed begins to run
o the type of possession that is sufficucnt for the limation peorped to be triggered
o the relevance of the intent of the AP and the paper title holder

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15
Q

When a person not the owner has permission of the owner to live there this is called…

A

Tenancy at will

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16
Q

True or false, a Tennant of a tenancy at will may engage in a claim of AP?

A

True

17
Q

Under leases, it is very unlikely that a (lawful) Tennant will be able to claim AP because…

A

Lease agreements have a “Right of Reversion” which grants possession back to the paper title owner at the termination of the lease

18
Q

What was the ratio of Asher v Whitlock?

A

Possessatory Interest (Even in AP) can be willed down

19
Q

This case established that AP claimants must establish the elements of the AP claim

A

Re St. Clair Beach Estates Ltd v MacDonald

20
Q

These were the enumerated conditions the claimants in Re St. Clair Beach Estates Ltd v MacDonald had to prove

A

To succeed a claim for AP the appellants must show:

  • Actual possession for the statutory period by themselves and those through whom they claim;
  • That such possession was with the intention of excluding from possession the owners or persons entitled to possession; and
  • Discontinuance of possession for the statutory period by the owners and all other, if any, entitled to possession

Should they fail any one aspect, their claim must be dismissed.

21
Q

In Perry v Clisshold, why was Clisshold granted compensation?

A

Becasue he maintained the and and paid taxes. He acted as an owner would.