Sentences with phrase «exclusive possession»
"Exclusive possession" means having complete control and ownership over something, with no one else having access or rights to it. It means that you have the sole ability to use, control, or enjoy something without any interference from others. Full definition
If a victim with a protection order granting exclusive possession of the residential premises is a tenant, the victim has no choice.
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Does the victim of domestic violence with a protection order granting exclusive possession need the consent of the landlord to change the locks?
The decision was significant because it explained what is required for claimants to prove they hold exclusive possession native title.
If your matter goes through the court system then one party can be granted exclusive possession on a temporary basis by way of a court order.
The next day, the complainant filed a divorce application, seeking exclusive possession of the home and sole custody of their child.
On the completion of the new library, the college leased it to the company on terms which gave the company exclusive possession of the library.
Exclusive possession means that the tenant has the same rights to privacy that a person who owns his or her own home would have.
The tenant doesn't necessarily have exclusive possession of such space.
Normally a spouse is allowed to reenter the home after an order for exclusive possession for reasons such as the need to retrieve certain belongings or sometimes to exercise custody or access to children.
Does placing an AR object on a person's property, without their permission, affect their interest in exclusive possession of property?
The Court noted this exclusion but found that the perpetual grazing lease was an exclusive lease and thus a previous exclusive possession act under NTA s23B (2)(c)(iv) or (viii) which also extinguished native title.
Once circumstances allow, victims of domestic violence should seek the advice of a family law lawyer to ensure their rights are protected with respect to issues such as exclusive possession of the family home, child custody and access, property division and child support.
Direct that a spouse be given exclusive possession of the home (regardless of whose name the property is in);
The High Court recognised that the ALRA provides exclusive possession rights to the intertidal zone, extending to 80 percent of the Territory's coast line.
Their orders granting the victim exclusive possession automatically deem the victim to be a tenant, and so the victim becomes responsible for the rent, damages, security deposit and other responsibilities of a tenant after the date of the order.
Nevertheless, amendments to the PAFVA and the other legislation under which exclusive possession of residential premises can be granted seems to be the better way to go, as they should provide better access to the relevant law for victims of domestic violence and those assisting them.
By Andrew Feldstein Potter v Boston, 2014 ONSC 2361, 239 ACWS (3d) 286: This case addresses the issue of the matrimonial home and whether exclusive possession of the home if... Read more
The decision is set out in the form of a proposed determination: that the native title claimants (members of the Yolngu people) have a native title right of exclusive possession over land in the claim area apart from the inter-tidal zone (the area of the foreshore between the low and high water mark and to the area of rivers and estuaries affected by the ebb and flow of the tides).
To the extent that (some) religions emphasize non-essential (often frivilous or even vicious) points of doctrine to to claim exclusive possession of the «truth», they are the tool of demagogues whose agendas are more about power and wealth than the spiritual health and legitimacy of their followers.
In order to determine whether appellant's appeal of the temporary order awarding respondent exclusive possession of the marital home and requiring appellant to vacate acted as a stay, it is necessary to determine the nature of that order.
Trespass is about exclusive possession.
Defence counsel Joseph Neuberger conducted several extensive judicial pre-trials in order to set out the basis of the defence, in particular securing evidence establishing that the main charges were part of an elaborate scheme in which fabricated allegations were used to secure exclusive possession of the matrimonial home and to gain an advantage in Family court.
Judge LeGrandeur stated that the rule that Street v Mountford laid down was: «where residential accommodation is been granted for a term, at a rent, with exclusive possession, the grantor providing neither attendance nor services, the legal consequence was the creation of a tenancy» (at para 36).
A Court can grant an Order for exclusive possession even without a threat of danger present.
Even though the husband was not present, the court granted the order for exclusive possession until trial, as well as the restraining order, but ordered the matter be returned to court in 10 days to give the husband a chance to be heard.
Thus, it is unclear whether appellant's appeal of that order acted as a stay of the requirement that respondent receive exclusive possession of the marital home pendente lite.
For example, if a court is considering making an Order giving one spouse exclusive possession of the matrimonial home, the court is obliged under the Family Law Act to take into account the following:
Mining leases, although not the focus of Wik, often give the miner exclusive possession of the land and such rights as may «extinguish» native title.
The expression of these rights and interests in these terms [the right to exclusive possession occupation use and enjoyment of the land] reflects not only the content of a right to be asked permission about how and by whom country may be used, but also the common law's concern to identify property relationships between people or things as rights of control over access to, and exploitation of, the place or thing.
The Court recognised exclusive possession native title over approximately 1037 square kilometres of land at the northern end of the Dampier Peninsula, and non-exclusive possession native title over the inter-tidal zone.
This approach is also in stark contrast to the approach taken to proving exclusive possession in the landmark Canadian case of Delgamuukw.
It involves an intrusion that invades a possessor's protected interest in exclusive possession.
Section 24 of the Matrimonial Property Act says essentially the same thing for married persons granted exclusive possession orders under that Act:
The confirmation provisions prescribe the effect of a «previous exclusive possession act» is to extinguish native title completely and the effect of a previous non-exclusive possession act is to extinguish native title to the extent of any inconsistency.
Once circumstances allow, victims of domestic violence should seek the advice of a family law lawyer to ensure their rights are protected with respect to issues such as exclusive possession of the family home,