Sentences with phrase «granting exclusive possession»

Furthermore, the conveyance of one joint tenant's interest to another severs the interest of the joint tenant making the conveyance or granting exclusive possession.

Both the Family Law Act and the Matrimonial Property Act are silent about the status of a perpetrator who was a tenant or co-tenant at the time an order granting exclusive possession to the victim was made, so it is likely the perpetrator will continue to be a tenant.

With an EPO or QBPO, it would seem that the perpetrator remains a tenant if the PAFVA and the RTA are read together — unless the victim with the protection order granting exclusive possession of the residential premises is not a tenant and chooses to assume the responsibilities of the tenant under section 9 (3) of the PAVFA.

Does the victim of domestic violence with a protection order granting exclusive possession need the consent of the landlord to change the locks?

Is the perpetrator who was a tenant or co-tenant at the time a protection order granting exclusive possession to the victim was made, still a «tenant» under the RTA?

If a victim with a protection order granting exclusive possession of the residential premises is not a tenant and does not choose to assume the responsibilities of the tenant under section 9 (3) of the PAVFA, then the perpetrator will still have all of the responsibilities of a tenant, even though out of possession.

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.

In deciding whether or not to grant an Exclusive Possession Order, the court will consider:

If your spouse is violent, you can request that the Court grant you exclusive possession of the family home.

Being granted exclusive possession is not the same thing as becoming the sole tenant, whether by taking the place of the perpetrator on the residential tenancy agreement, if the perpetrator was the sole tenant, or, if the parties are co-tenants, by having the perpetrator's tenancy terminated.

Section 24 of the Matrimonial Property Act says essentially the same thing for married persons granted exclusive possession orders under that Act:

Once the victim is granted exclusive possession under a protection or other court order for a specified period of time, then during that period of time the perpetrator would almost certainly have no right to a key or access to the residential premises, regardless of what the RTA says.

Nevertheless, protection orders grant exclusive possession.

However, an EPO that grants exclusive possession of residential premises to the victim grants the victim the ability to remain in the premises and bar access to the perpetrator, which logically includes the ability to change or add to locks and other security devices.

Although the Court began with the general rule from Duke v Andler, after reviewing the four - part test in Catania, the Court determined that it had jurisdiction to grant the wife exclusive possession of the property in Osoyoos and, in fact, granted exclusive possession of the property in Osoyoos to the wife.

The report is correct in saying that Wik established that native title is not necessarily extinguished by pastoral leases - the High Court reasoned that it was necessary to consider the type of lease in question (some leases granted exclusive possession and were inconsistent with the continued recognition of native title, whereas other leases did not have this effect).

Not exact matches

Among the provisions is one that allows the court to grant»... to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party.»

Iowa now allows the court to grant petitioners exclusive care, possession, or control of any pets or companion animals in both temporary and permanent orders.

Roger Street... drafted what was described as a licence agreement which granted an exclusive right to possession — a significant hallmark commonly associated with a tenancy but not decisive.

Section 24 (1) of the Family Law Act, R.S.O. 1990, c. F. 3, empowers the Court to grant an order for exclusive possession regardless of ownership of the matrimonial home.

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.

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.

There are other open questions about how the RTA is affected by the different protection orders, particularly when the perpetrator was a tenant or co-tenant of the residential premises at the time a protection order was made that granted the victim exclusive possession of those premises.

In Alberta, it would be better to amend the PAFVA and the other legislation under which exclusive possession of residential premises can be granted rather than amend the RTA, because what is needed is a comprehensive list of matters to be considered by the parties and the courts in granting a protection order, or at least the QBPOs.

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.

In Potter v Boston, the Court examined an application by the husband who sought leave to appeal an interim order that granted his wife exclusive possession of a condominium, which was owned by the husband and located in Florida, for one week every month.

extinguishing grant of freehold or exclusive possession based on pre-Wik right or undertaking [per s 24ID],

(21) Native title is extinguished where exclusive possession titles have been granted.

Sub-section 9A of NTA s23B allows that if a previous exclusive possession act is the grant or vesting for the establishment of a national, state or territory park for the purpose of preserving the natural environment of the area, then the vesting would not be a previous exclusive possession act.

On the other hand, the cases also appear to point to commercial rights being intrinsically connected to, and in fact requiring, exclusive possession in order to be granted as a native title right or interest.

The confirmation provisions operate to give full effect to either specific tenures or categories of tenures resulting in the extinguishment of native title, where there is a grant of exclusive possession, or the partial extinguishment of native title where there is no grant of exclusive possession.

commercial rights are intrinsically connected to, and require, exclusive possession, which will not be granted under the Native Title Act (as seen in the Croker Island case).

In those amendments, specific leases granted under s23 of the WLA and granted for the purpose of «agriculture, or any similar purpose; agriculture (or any similar purpose) and grazing combined; mixed farming or any similar purpose other than grazing» were scheduled as a previous exclusive possession act under NTA s23B (2)(c)(i) with the effect that native title was extinguished in these areas.

Common law; mining lease grant right of exclusive possession for mining purposes; not category C act because no invalidity by RDA; in any case right to control access already extinguished by pastoral leases