Chapter 8 - Possession in Relation to Land, Mutual Mistake and Intention Flashcards
What is Animus Possessendi? What is needed for a claim of AP without mistake?
an intent to exclude the owner from such uses that the owner wants to make of their property - owner must be exclude form the use of the property IN THE WAY THEY WANT in order for animus possidendi to use
Why did the Keefers not succeed in their AP claim?
Becasue they did not interrupt the Aritollias possession of the land in the way that the Ariatollias wished to use it
What are the 3 requirements for an AP claim?
Possessor must establish actual possession for the statutory period
Possession was with intent to exclude owner
Discontinuance of possession for statutory period by owner
Did Ham succeed in his claim for AP? Why (not)?
No, becasue Madison investments mercy wished to retain the land for future investment, there was no way Ham could interfere with that intent
Wy did the Bieudin’s win their case?
Because Baudin mistakenly believed that the land was his. Intention was not relevant in the instance of mistake
Under the old common law (and also for knowing AP) what elements must be present for the AP to accomplish?
They know they do not now the land
They known who does own the lands
They know the intent of the TO for the use of the lands; and
Acts in a manner inconsistent with those intentions
The pivotal relation out of Baudin is…
Mistake in and of itself can establish the intent to possesss
According to the UK, “possession” should be used….
in its everyday sense
Old English common law possession concepts are based upon this case
Leigh v Jack
which case reconsidered Leigh v Jack?
Treolar v Nute
Does the Inconsistent Use Test Still get used in Ontario?
Yes for intentional AP, not for mistake (mutual or unilateral)
ratio of Tenis v Ancester?
inconsistent use test does not apply to instances of mistake
In Piper v Stevenson, why was the appellant successful?
Becasue Piper had occupied the land for longer than the statute (10 years)
The Uk has largely ___ the inconsistent use test
rejected
in Wood v Uxbridge Gateway properties, what was the result? Why?
the Words won becasue they, and everyone earlier in the chain of ownership believed that the disputed land belonged to them. re-affirmation that the inconsistent use test does not apply to mistake
