4013LAW Lecture Notes - Lecture 4: Seisin, Life Estate, Fee Simple

• School: Griffith University
• Department: Griffith Law School
• Course: 4013LAW
• Professor: any

Document Summary

There is a actual assertion of entitlement; Will be objectively assessed on the facts according to the nature of the land, the extent and history of occupation, its inconsistency to the claims of others and the advertisement of the occupation to the world. Perry v clissold: clissold took possession, but not ownership, of land for and used it for tn years. Asher v whitlock: williamson had possession (but not ownership) of a piece of land and, on his death, left it to his wife until her death or remarriage, then to his daughter, then to his daughters heirs. The wife lived in it until she remarried, when the daughter gained possession and allowed her mum and stepfather, whitlock, to continue living there. Asher, sued the whitlock for possession of the land: asher won as, via the daughter, they stood in the shoes of williamson. Williamsons prior interest gives him and his successors a better right to the land than whitlock.