Cases
This case involved a Martian claiming legal personhood in the courts.
What is Joly v Pelletier?
This is a right that is enforceable only against a specific person or persons.
What is a right in personam?
These are the two elements required for possession.
This means Property rights are determined by comparing the strength of the parties’ claim.
What is 'Relativity of Title?"
This is what tenure means in Property Law.
What is "To Hold an Estate in land"?
You would use this case if you were defending a client in court from an allegation that their arm, due to a tattoo of someone’s name on it, was property of said “named” person.
What is "R v Bentham?"
This was considered to be trespass in Bocardo SA v Star Energy.
What is "Fee Tail"?
This is required for the possession of wild animals.
What is "The better right?"
This is the term for the Crown's underlying land ownership.
What is "Radical title"?
This concept appeared in JA Pye (Oxford) Ltd v Graham and no longer applies in BC.
What is "Adverse Possession?"
This case involved Quasi-Property rights.
What is Janicki v Hospital of St Raphael?
This right is created when you deposit money into the bank.
What is a "Right is Personam"?
This is a key feature of the intention to possess.
This person would have the best property right in this scenario:
Person A was carrying a gold bar and tripped, dropping the bar and releasing possession, Person B, who was spider man, did not look at what was happening, reached out and grabbed the gold bar without realizing what they were doing, gaining possession, while Person C screams "dibs" from the distance and tries to run up.
What is "Person A"?
Fee Simple Estates have this type of duration.
This type of Estate is measured in definite periods of time.
What is a "Leasehold Estate?"
This case illustrates that you can possess something without knowing that you even have it.
What is Flack v National Crime Authority?
Borrowing a book creates this legal relationship which has this right attached to it.
What is "Bailment and a Right in Rem"?
Possession through wrong doing creates this.
What is possessory title?
This is the Latin phrase which means that "No one can give what they do not have".
What is "Nemo dat quod non habet".
These are four examples of Leasehold Estates.
What are "Fixed term leases, Periodic tenancies, Tenancies at will, lease for life"?
This is the full definition of "Fee Simple".
This case showed conduct that was "so tainted with criminality" that it was a matter of public policy to not return the cheques discovered in a hotel room.
What is Baird v The Queen?
This right depends on the continued existence of a specific thing, with the risk of destruction.
What is a "Property Right?"
If you were defending against a claim of finders keepers and representing the true owner / lawful possessor of land this case would be the most helpful for you.
What is Waverly Borough Council v Fletcher
This is the person who will get the item in this scenario.
Person A and Person B are on a walk in a private park and something shiny catches their eyes at the same time. They both exclaim out loud, "I want this", reach down in sync, and unbury a gold ring and hold on to it at the same time.
What is "Person C not listed - who is the landowner who intended to maintain control of this park and the item was buried"
What are the "vertical dimensions, the horizontal dimensions, and the time duration dimension?"
This can also be known as mere permission to use land.
What is a "bare or mere licence?"