In our first week of the Winter term, we will return to where we started and re-examine some key issues of possession and apply these within the developing legal framework around adverse possession in Canada.
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Learning Objectives
Learning objectives are statements about the skills, knowledge and attitudes learners will acquire or develop when they complete this lesson.
By the end of this week, you should be able to:
- Explain the contemporary common law approach to possession as a matter of context and apply this understanding to an analysis of claims for adverse possession.
- Critically analyze adverse possession claims within the current common law framework for proving such claims.
- Analyze under what circumstances, if any, public lands maybe immune from adverse possession claims.
This week we return, in part, to where we started our study of property law this year: the law of possession. Recall that John Locke’s labour theory of possession and property has been a significant influence on common law principles in this area. We will start by reading a contemporary case apply the “rule of capture” in Major League Baseball, and then extend the insights we gain around possession to the developing Canadian law on adverse possession.
Our problem this week is situated in the context of municipal parkland and will extend into next week’s topic address the right to shelter in public spaces.
Weekly Problem: Parkland, Shelter and Possession
After you have read through the background for this week's lesson above, your next step is to review the weekly problem.
A problem addressing issues of both adverse possession and shelter rights.