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Lecture

ADMS 2610 Lecture Notes - Adverse Possession


Department
Administrative Studies
Course Code
ADMS 2610
Professor
Robert Levine

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ADMS2610
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
another
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
religion
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
- Fixtures
o Chattels permanently or constructively attached to real property
o Early rule: use and enjoyment of the particular item
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