Possession

Possession

Possession as a founding concept in Anglo-Canadian law.

First Possession #

Anglo-Canadian common law has often afforded possession–as physical dominion over a thing combined with an intention to control it–a significant place in questions about the origins of property, the allocation and distribution of resources, and the prioritization of different property relations.

  • John Locke, Second Treatise on Government (1690)

    In this excerpt, Locke sets out to establish a theory to explain how property rights can arise in a pre-political 'state of nature'. It remains one of the most powerful stories about the source of property rights in Anglo-Canadian law as well as a basis for legal rationales of settler colonialism.

  • Pierson v Post

    Two hunters get into a dispute about who has gained property in a fox in the course of a hunt, addressing the basic question of what is required in this context to establish possession.

  • Clift v Kane

    Both the plaintiff and defendant operated seal fishing vessels stuck in ice. The plaintiff's crew had killed a large number of seals, and sculped and piled many of them. They were bringing the seals on board their vessel until shifting ice brought the seals closer to the defendsant's boat. Subsequently, the defendant's crew began to take the seals for themselves.

  • Popov v Hayashi

    Barry Bonds hit a record-setting home run. The ball flew into the stands, where it went into Popov's glove. Popov was mobbed before he could secure the ball. The ball fell in the scrum, and was picked up by Hayashi. Hayashi was an innocent party and it is impossible to know whether Popov would have secured control of the ball without the mob's interference.

Finders, Land and the Relative Nature of Possession and Title #

  • Armorie v Delamirie

    The plaintiff chimney sweep found a jewel in the course of his work and took it to the defendant to have it appraised. Upon demanding the jewel's return, the defendant refused to give it back to the plaintiff.

  • Keron v Cashman

    A group of boys discovers a lost sock and, only after playing with it among the group for some time, discovers that the sock contains a large sum of money.

  • Asher v Whitlock

    Thomas Williamson enclosed land and built a cottage on it. He left it to his wife Lucy, with the property passing to his daughter, Mary Ann, when Lucy either remarried or died. Lucy remarried. Later, Mary Ann died, followed by Lucy. The plaintiff, Mary Ann's daughter, brought an action to eject the defendant, Lucy's second husband.

  • Ratione Soli

    Brief discussion of the doctrine of ratione soli.

  • Wildlife Act

    Legislation establishing a regulatory regime to govern hunting and fishing in Nova Scotia, including key provisions around the proprietary status of wild animals.

  • Harrison v Carswell

    Sophie Carswell was charged with unlawfully trespassing on the Polo Park Shopping Centre after engaging in a strike on the mall sidewalk as part of a labour dispute with her employer, a tenant of the mall.

  • Protection of Property Act

    This statute establishes a quasi-criminal action in trespass to land and sets out the conditions under which such an action can be made out, including what counts as an "occupier" of the relevant premises.

Adverse Possession #

  • Piper v Stevenson

    Piper enclosed and cultivated land for years. Stevenson said he had purchased that land and that Piper is not the owner.

  • Keefer v Arillotta

    Keefer had a right of way on Cloy's land, which later passed to Arillotta. Keefer built a garage on this land, and frequently used the grassy area, including to build a skating rink in the winter.

  • Kosicki v Toronto (City) [SCC]

    A private owner claims adverse possession of municipal parkland in Toronto, raising the critical question of whether the municipality is immune from such claims in certain contexts.