LLB220 Study Guide - Final Guide: Adverse Possession, Life Estate

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29 Jun 2018

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Problem Question Approach

oIdentify parties

oIdentify and define their interest in the land

oWho is seeking to enforce against whom?

oLegal owner, possessor, third parties

oWhat issues are present?

oWho is in possession?

Are they the documentary owner?

Adverse possession?

Is there a commercial lease?

Leases?

oAre there any restrictions on possession?

Lease covenants?

Conditional interests?

Easements?

Restrictive covenants?

oIs the property being transferred?

Inter vios grant = during life

Transfer of freehold estate

Conditional interest?

Lease?

Is there a will?

Conditional interest?

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