Class 9 Flashcards
Keefer v. Arilotta. What is the test for AP? What is the inconsistent use test?
Court referred to the PFLUG test which said :
AID
1) Possessor must establish actual possession for statutory period;
2) Possession was with intention of excluding owner; and
3) Discontinuance and dispossession for statutory period by owner
A possessor title cannot be acquired against someones property in a way they never intended to use it. The animus possidendi which a person claiming possessor title must have is an intention to exclude the owner from such uses as the owner wants to make of his property. This case created the inconsistency of use test. Acts relied on as dispossessing the true owner must be inconsistent with the form of enjoyment of the property intended by the true owner.
What does “animus possidendi” mean
Intention to possess.
Inconsistent use test in Keefer is what
a possessor title cannot be acquired against someone by depriving him of uses of his property that he never INTENDED or desired to make of.
What is the PFLUG test?
1) actual possession for the SOL
2) that the possession by the AP was with intention of excluding the true owner
3) and actual discontinuance of possession of the true owners for the SOL period
Madison Investments v Ham. What is the doctrine of adversity?
Ham used 100 acres for his airline and Madison sued. Ham claimed possessory title.
Madison relies on the doctrine of adversity which means whatever action ham took could not be inconsent with Madisons intention as Madison had no intent.
Beaudoin v. Aubin
Plaintiff owned property next to property in question and they possessed. Defendants realized and sued.
they rejected the intention and adversity test and gave title to plaintiff as it was mutual mistake. They got rid of the INCONSISTENT USE CASE.
Wood v Gateway of Uxbridge
Both parties thought the land was owned by the plaintiffs for almost 20 years.
cannot use inconsistent use text when having mutual mistake, and int his case, they had possessor title by way of adverse possession. It met OCEAN.
Have they finalized what test to use?
Shows there is significant dismay on what constitutes posession/what tests they should use
In mutual mistake cases, what test can you not use?
The inconsistent use test as both people thought the claim was valid when it was not, and thus cannot apply in cases like this.
Wood v Gateway of Uxbridge
Both parties thought the land was owned by the plaintiffs for almost 20 years.
cannot use inconsistent use text when having mutual mistake, and int his case, they had possessor title by way of adverse possession. It met OCEAN.
Teis v Ancaster
In cases of mutual mistake, its sufficient if possessor was in Open and Notorious, and continuous possession for the SOL Period
In cases of mutual mistake you can infer an intention to exclude all others.
