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ADMS 2610 Lecture Notes - Adverse Possession

Administrative Studies
Course Code
ADMS 2610
Robert Levine

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Session 12
Chapter 23 (pg. 447-448, 450-456)
Interests in Land
Lesser Interests in land
- Easements
o A right to use the property of another, usually for a particular purpose
o Dominant Tenement a parcel of land to which a right of way or
easement attaches for its better use
o Servient Tenement a parcel of land to a right of way or easement
o Right of way a right to pass over the land of another, usually to gain
access to one’s property
- Restrictive Covenant
o A means by which an owner of property may continue to exercise
some control over its use after the property has been conveyed to
Promise not to use the property in a particular way
Control the uses of the land, control the keeping of animals
Void against pubic policy if attempts to prevent the purchase
or use by a person based on race, creed, colour, nationality, or
Helps maintain value of property
Possessory Interests in Land
- Adverse Possession
o A possessory title to land under the registry system acquired by
continuous, open, and notorious possession of land inconsistent with
the title of the true owner for a period of time (usually 10-20 years)
Occupant in possession must do the acts normally required by
the owner (pay taxes, maintain fences)
Treat it as the occupant’s own
- Encroachment
o A possessory right to the property of another that may be acquired by
the passage of time
E.g. Roof “overhang”
o Encroachment is any infringement by one person or entity on the
rights of a person or an entity on the rights of another person or entity
o Building constructed too close to property line
o Building constructed on neighbor’s property
- Fixtures
o Chattels permanently or constructively attached to real property
o Early rule: use and enjoyment of the particular item
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