Tests

Question 1

Test for adverse possession

Answer 1

Person claiming possessory title must show that for 10 years they (1) have been in actual possession of the land being claimed, (2) had the intention of excluding everyone, including the true owner, from possession, and (3) effectively excluded the owner from possession. It is important to not that adverse possession does not apply to a road allowance against the municipality

Question 2

Agreement of Purchase and Sale

Answer 2

To be binding, it must be a signed written document. It must contain the essential terms of (1) identifying the parties, (2) having an accurate description of the property, and (3) what price is to be paid for the purchase.