Common law possession

Question 1

Acts of “possession” and statutory limitations period

Answer 1

Wanted to register parcel of land – neighbours had used portion of land without objection – action to obtain legal recognition of possessory title to land – Re: St. Clair Beach Estate 143

Question 2

Quality of possession

Answer 2

Failed to show enough evidence of actual possession, intention to exclude the owner – Leichner v Canada 148

Question 3

Tenancy at will

Answer 3

Oral agreement for decades – land conveyed by father to one brother, but other brother lived there for decades – one brother wants to sell – who has tenancy at will? – MacLean v Reid 149

Question 4

Leasehold estates

Answer 4

Neighbour argued possessory title over land – lease was 99 years – could lessor force tenant to surrender lease before 99 years? – Fairweather v St. Marylebone 151

Question 5

Leaseholds, limitation statutes

Answer 5

Successive leases – tenant remains in possession throughout – reversion of possession to lessor upon every lease’s end – Giouroukos v Cadillac 152

Question 6

Element of intention

Answer 6

Inconsistent use test – trying to acquire possessory title over land that has an easement – Keefer v Arillotta 153

Question 7

Possessory title, “intention”

Answer 7

Plaintiff bought 6 lots, intention to build farm in 8 lots – intention evidenced by plaintiff building fence between lots – 2 lots not legally owned by P sold to D – Piper v Stevenson 159

Were actions inconsistent to owner’s use? – Masidon Investments v Ham 160

Occupied landing thinking it was their own – then purchased land, saw it registered to someone else, continued to occupy anyway – can absence of knowledge = adversity/intention of owner? – Beaudoin v Aubin 160