Sentences with phrase «exclusive possession occupation»

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.

Not exact matches

The required elements are that: (1) the true owner of the land must be out of possession of the claimed lands; (2) the claimant must be in use and occupation of the claimed lands; (3) the claimant's use and occupation must be exclusive, continuous, open or visible and notorious for the requisite 10 year period, and (4) the fact of use and occupation by the claimant must be the only determinant while the belief, ignorance, mistake or intention of the claimant is immaterial.

For the spouse who remains in the home, the obligation to pay occupation rent is usually imposed by a court pursuant to the Family Law Act, which authorizes it in the right circumstances, provided he or she has been awarded exclusive possession.

(Technically, however, the requirement to pay occupation rent can also arise under the common law, which does not have the exclusive - possession order as a pre-requisite).

As a practical matter, victims of domestic violence who are granted protection orders providing for conditions such as exclusive occupation or possession of the family home should advise their landlords of such, and preferably provide them with a copy of the order, particularly if they wish to change the locks or make arrangements to take over the residential tenancy agreement.

If, according to their traditional law and custom, spiritual sanctions are visited upon unauthorised entrants, and if they are the gatekeepers for the purpose of preventing such harm and avoiding injury to the country, then the native title holders have what the common law will recognise as an exclusive right of possession, use and occupation.

These rights can extend to exclusive possession of sea domains, based on prior occupation and use, consistent with the traditions and laws of the Indigenous peoples concerned.

In the absence of a determination of exclusive rights of possession, occupation, use and enjoyment, the inclusion in the determination of a right to trade in resources was essential to extend their acknowledged fishing rights beyond their own subsistence needs.