Exclusive possession is a concept in land law that refers to the right of an individual or entity to occupy and use a particular piece of land to the exclusion of others. This means that the person or entity with exclusive possession has the right to control access to the land, and can prevent others from entering or using the land without their permission.
Exclusive possession can be acquired in a number of ways, including through the purchase of property, the grant of a lease, or the occupation of land as a squatter. In each of these cases, the person or entity with exclusive possession has the right to occupy and use the land as they see fit, subject to any legal restrictions or limitations that may apply.
The concept of exclusive possession is an important one in land law, as it allows individuals and entities to have clear and defined rights over the use and occupation of land. It also provides a legal framework for resolving disputes over land ownership and use, as the person or entity with exclusive possession has the right to take legal action to protect their rights if they feel that their possession is being threatened.
There are a number of factors that can impact the extent of an individual's or entity's exclusive possession rights. For example, the terms of a lease or property purchase agreement may specify certain restrictions on the use of the land, or may require the person or entity with exclusive possession to maintain the property in a certain way. Additionally, local zoning laws and other regulatory frameworks may also impact the use and occupation of land, and may place limits on what an individual or entity with exclusive possession is permitted to do with the land.
In summary, exclusive possession is a key concept in land law that refers to the right of an individual or entity to occupy and use a particular piece of land to the exclusion of others. It is an important legal principle that helps to define and protect the rights of individuals and entities over the use and occupation of land, and provides a framework for resolving disputes over land ownership and use.
Defined As the Grant of a Right to the Exclusive Possession of Land
If you damage my house, I reserve the right to kick you out and move back in. Because the covenant for quiet enjoyment implies the right of exclusive possession in the grantee, it is implied whenever there is a relationship of lessor and lessee. The facts are silent though as to whether Mr. It is a personal privilege permitting a person to do an act which would otherwise have amounted to a trespass- Mobil Oil V Johnson. We can tell from the information given that it is not a common intention or a necessity, so therefore it cannot be an Implied easement. The decision Reversing the High Court's earlier decision, the Court of Appeal held that all of the partners of the farm business were the tenants of the freeholder trustees pursuant to an implied tenancy, which had arisen through the parties' conduct over a long period of time.
Landlords: 5 land law cases you should know about
This means that as the property in question is a lease which means that the benefits and burden pass onto any successor of the land. Both Fred and Captain Flint appear to have had this control for the relevant period, both using the land as they wished. Lease: agreement was a sham designed to avoid the provisions of the Rent Acts. Exclusive use refers to the primary or dominant use of property, as opposed to incidental use. . In such a case, the remaining spouse may petition the court for exclusive use and possession of the home, though there is no guarantee it would be granted.
Exclusive Possession
They could not exclude a fourth person nominated by the company. Most courts do not look favorably on individuals requesting exclusive use of the television or yard furniture, they will entertain requests for important items such as the refrigerator, often ordering major appliances stay in the family home. Exclusive possession is the right to use the premises to the exclusion of all others, including the owner himself. In addition, the applicant has shown that her current situation is not conducive to a harmonious family life for both her and her daughter. The orthodox view of Copeland v Greenhalf is restated in Cheshire and Burn's Modern Law of Real Property London: Butterworths, 15th edn by EH Burn, 1994 pp 527—528.
LAND LAW 2.1 LEASES AND TENANCIES (INTRODUCTION)
Violating an Exclusive Use and Possession Order When a person is granted exclusive use and possession of the home or other item, the other spouse cannot come and go, or use the property, as he pleases. Mr Antoniades Mr Antoniades Did the landlords agree to provide services? In Street V Mountford, the court noted that facts prevail over the language of the document. There are three bedrooms. In effect this granted the occupant exclusive possession but, contained in the agreement, was a clause stating- as in the name of the agreement- that this was a license, not a lease. Understanding Exclusive Use and Possession When a spouse files for divorce, he or she does not automatically get to keep whatever marital property he or she is in possession of when the In situations in which the couple cannot agree on who gets temporary use of marital property, one or both parties may request that the court grant them sole and exclusive use and possession of certain specific property. Other Factors Considered Another factor that the Another factor considered is whether one spouse is more willing or able to maintain the home or property.
