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What is peaceable possession in real estate?
What happens if a person is not in possession of property?
What is a defence of property?
What is personal possession in a criminal case?
Can a person have constructive possession?
What are the statutory requirements for possession?
A person in peaceable possession is someone who has control over the property, is not disturbed by any external action, and has the right to exclude others from the property. If the possession is not peaceful, it can be considered as an act of trespassing. Hence, it is essential to assess the status of possession for a successful legal argument ...
In real estate and real property law, peaceable possession is "holding property without any adverse claim to possession or title by another". Quiet title is used to refer to the new owner's peaceable possession. Property title, or ownership, also includes possession, but is a greater property right than the latter.
- Actual/Personal Possession
- Constructive Possession
- Joint Possession
“Personal possession” (ie. the actual handling of the thing) requires that “the accused must be aware that he or she has physical custody of the thing in question, and must be aware as well of what that thing is. Both elements must co-exist with an act of control (outside of public duty)”Thus, actual/Personal possession requires that: 1. there be a...
Constructive possession will apply where there is no actual possession, but there is circumstantial evidence that shows "that the accused may still be attributed to having possession of a certain object or thing." Requirements Constructive possession requires the following: 1. knowledgeof the item 2. intent/consent to possessthe item 3. control ove...
Joint possession amounts to a form of possession wherein multiple people can be deemed to be in possession or custody of the object. By function of s. 4(3)(b) custody and possession of a second party is deemed where "with the knowledge and consent of the rest" the primary persons "has anything in his custody or possession". To establish joint posse...
The defence of property can arise when a person's "peaceable possession" of property is threatened or challenged by another, such as by a person who is trying to take or damage the property or trespass on it.
72 (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.
In legal terms, peaceable possession refers to the state of owning or occupying a piece of land without anyone else making a claim to it. As long as you are using the land without any conflicts or arguments from other parties, your possession of it is considered peaceable. This is an important concept in property law.
Defence — property. 35 (1) A person is not guilty of an offence if. (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property; (b) they believe on reasonable ...
