PRV1 144 Lecture Notes - Lecture 7: Adverse Possession, Fort Frances

• School: McGill University
• Department: Private Law 1
• Course: PRV1 144
• Professor: Alexandra Popovic

Document Summary

February 1st: 2 legally significant elements of possession: control and intent. Possession defined by fact of possession and how you came into it. Colloquial (ie, you can"t go to court to be officially" designated the owner") [table of ratios posted on mycourses] Case that sets up the foundation of finders" law, which is that the finder has right against the entire world except the true owner. The court finds that because he didn"t know there was money in the sock when he found it. Bird v fort frances: the court isn"t looking for the true owner, it isn"t their mandate. In common law property, a lot of the cases will align with what our gut will say is fair. two parties - it"s always relational. In this case, this is about the control aspect. It was no longer in the control of the true owner, but even then, the court will argue for it.