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

Question 1

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

Answer 1

Asher v Whitlock

Question 2

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

Answer 2

Sesin

Question 3

Livery of Sesin was the means by which…

Answer 3

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

Question 4

Sesin established…

Answer 4

The differentiation between factual possession and actual possession

Question 5

This case brought in the issue of Jus Tertii

Answer 5

Perry v Clisshold

Question 6

Jus Tertii means…

Answer 6

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

Question 7

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

Answer 7

A common law method to regain possession of land, unfavourable

Question 8

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

Answer 8

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

Question 9

Statutes of Limitation define…

Answer 9

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

Question 10

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

Answer 10

They who possessed it

Question 11

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

Answer 11

How vigilant the paper title holder is

Question 12

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

Answer 12

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

Question 13

These 3 levels of applying right of possession exist

Answer 13

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

Question 14

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

Answer 14

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

Question 15

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

Answer 15

Tenancy at will

Question 16

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

Answer 16

True

Question 17

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

Answer 17

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

Question 18

What was the ratio of Asher v Whitlock?

Answer 18

Possessatory Interest (Even in AP) can be willed down

Question 19

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

Answer 19

Re St. Clair Beach Estates Ltd v MacDonald

Question 20

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

Answer 20

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.

Question 21

In Perry v Clisshold, why was Clisshold granted compensation?

Answer 21

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