Class 8 Flashcards
Perry v Clissold
Defendant owned land for years without title and had exclusive possession even by fencing it in. He had possession for over 10 years. Government used expropriation.
Perry did not own the land but he possessed it, acted like was his and even paid taxes. they seemed money because the land was expropriated.
Holding: he did have compensation on the basis of a possessor title. “ it cannot be disputed that a person in possession of land in the assumed character of the owner, has a perfectly good title against all the world but the rightful owner. same right as a finder in a sense.
Asher v Whitlock
Guy died after living on a land that wasn’t his for 20 years. he died and gave interest to wife and daughter but only if wife did not remarry. She did and then both died. second husband claimed he had interest in the land while also the granddaughter claimed she had title.
court held the granddaughter had title and that you can pass a possessor interest in a will. Possession is a good title against all but true owner or someone claiming prior possession. Justice Muller said the fact of possession is prima facie evidence of seisin.
Writ of Possession is what? What about self help?
Under the Ontario rule of civil procedure you can use a writ of posession to get it back OR self help.
Pflug the case says yo have possessor title you need
1) Actual posesison for the SOL period
2) intention to exclude legal owner.
3) Discontinuance of posession.
What is the stupidity of Seisin?
This is an idea in the 1800s that people couldn’t read and write so this idea is a legal possession of a feudal fiefdom or estate in land and is both ownership and possession.
What about the idiotic idea of Livery of seisin?
It is a medical ceremony where a transfer of land occurred which required a transfer of seisin. (typically giving coal to another)
What is Sui generis?
Of its own
What does “Jus Tertii” mean?
it is the idea of whether a better claim is owned by someone else that would beat the claim.
What are the remedies for recovering possession of land?
The legal route through Ontario civil procedure to get a writ of possession and
Under common law physically retaking possession.
What about legal claims of possessory title for the native?
indigenous people passed land before English and had claim. however, history shows courts most frequently applied English laws in ways that do not help natives.
What does “Sui generic” mean
it means “of its own kind” and in law It is an exception (a right or power)
What does fee simple estate mean?
it means absolute ownership.
What’s the point of the SOL?
It provides an end point on when the claim does not hold any water. In Ontario you have 10 years to recover under the SOL.
What did people do prior to the SOL?
In common law a person in possession prima facie was entitled to protection and this meant a person in psoessiojn was assumed to have possessor title from the moment possession was first established.
Tell me about Ontarios real property limitations act
the possessors interest must be less vulnerable as any one with a prior interest and must bring action in 10 years.
