Sentences with phrase «provides exclusive possession»

Not exact matches

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).

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.

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.

The perpetrator's right to possess the premises is altered by the exclusive possession order, but unless the order itself says otherwise, nothing in those statutes alters the perpetrator's responsibilities as a tenant to pay rent, provide a security deposit, etc..

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.

This post will briefly address the unique circumstances in which the FHRMIRA came to be, and then provide an overview and critique of several provisions: section 7 (exemption for First Nations wishing to enact their own matrimonial real property (MRP) laws), sections 16 - 19 (emergency protection orders), section 20 (exclusive possession orders), and section 26 (leases).

The Family Law Act, SA 2003, c F - 4.5 (FLA), allows for exclusive possession orders to be made in relation to the family home as part of an order providing for child or spousal support, and can include an order evicting a spouse or adult interdependent partner and restraining them «from entering or attending at or near the family home» (section 68 (1)-RRB-.

The NTA provides a fairly comprehensive codification of what past government actions extinguish native title.145 It classifies various interests in the past, often distant past, as «previous exclusive possession acts» which deems them to have permanently extinguished native title.146 The NTA also provides that «previous non-exclusive possession acts» 147 will extinguish native title to the extent of any inconsistency.148 The NTA also validates acts of government that took place before the High Court's decision in Wik which may be invalid because of the existence of native title (generally, due to the Constitutional requirement that «just terms» be paid where property is acquired, 149 or the operation of the Racial Discrimination Act 1975 (Cth).150 This aspect of the NTA has been repeatedly criticised by CERD.

The High Court decision provides a detailed history of the WLA and the nature of the interests created as part of its inquiry into whether the perpetual leases confers a right of exclusive possession.

Chief Justice Gleeson's decision in Wilson v Anderson provided a guide to when this might occur: where the law or act creates a right of exclusive possession in third parties in respect of a parcel of land the subject of native title.

Section 23B (9A) provides that a vesting which involves the establishment of an area, such as a national, State or Territory park, for the purpose of preserving the natural environment of the area is not a previous exclusive possession act.

Similarly, sub-section 9C of NTA s23B provides that if a vesting in relation to land or waters is to or in the Crown in any capacity or statutory authority, that act is not a previous exclusive possession act, unless apart from the NTA, it extinguishes native title.

A court with continuing, exclusive jurisdiction may change the order that provides for the conservatorship, support, or possession of and access to a child.

Amenities: Street Lights, Boathouse: No Dock Or Boathouse, Cooling Source: Electric, Cooling Type: Central, Kitchen Equipment: Dishwasher, Kitchen Equipment: Garbage Disposal, ES Bus: Yes, Patio, Out Building, Fees Include: None, Fireplace Location: Family Room, Fireplace Type: Factory Built, HS Bus: Yes, Hardwood Floors, Wall - to - wall Carpet, Walk - in Closet, Kitchen: Solid Surface Counters, List Type: Exclusive Right To Sell, Lot Description: Level Lot, Lot Size: 2 - 1 Acre, MS Bus: Yes, Photo Available: YES, Ownership: Fee Simple, Photo: Broker Will Provide Photo, Parking: Parking Pad, Parking: 2 Car, Rooms: Great Room, SQFT Source: Public Record, State: GA, Share Address with Public Websites: Yes, Include in Auto - Valuation Models: Yes, Allow additional comments: Yes, Share with Public Websites: Yes, Water: Public Water, Equipment: Fire, Amenities: Pool, Cable In Street, Wet Bar, Energy Related: Thermo, Energy Related: Water Heater - gas, Kitchen: Breakfast Area, Kitchen: Walk - in Pantry, Lot Description: Wooded, Lot Description: Private Backyard, Fireplace Type: Gas Starter, Heating Source: Gas, Date Of Possession: Negotiable, Parking: Detached, Parking: Garage, Foyer - Entrance, Rooms: DR - Separate, Rooms: Office, Laundry Type: Room, Showing Instructions: Appt Owner, Style: Traditional, Swift Entry: Yes, Water: Sewer Connected, Construction: Frame, Kitchen Equipment: Refrigerator, Lot Description: Cul De Sac, Rooms: Sun Room, Acreage Source: Public Record, Garden Area, Accessibility: Garage Van Access, Amenities: Tennis Courts, Basement: Crawlspace, Market Code: Available, Rooms: Dining Room Seats 12 +, Stories: Over 2 Stories, Parking: Rear Entrance, Amenities: Walk To Shopping, Heating Type: Other (See Remarks), Amenities: Clubhouse, Equipment: Satellite Dish, source: RETS, Skylight, Special Conditions: Agent Owned, Hot Tub, Accessibility: 32» Doors, Area: FUN1, Elementary School: GA, High School: GA, Middle School: GA, High School: Fulton County, Middle School: Fulton County, Elementary School: Fulton County

Construction: Brick Front, Cooling Source: Electric, Cooling Type: Ceiling Fan, Cooling Type: Central, Cooling Type: Heat Pump, Energy Related: Water Heater - electric, Kitchen Equipment: Dishwasher, Kitchen Equipment: Oven, ES Bus: Yes, Patio, Fireplace Location: Family Room, Fireplace Type: Factory Built, Heating Source: Electric, Heating Type: Central, Heating Type: Heat Pump, HS Bus: Yes, Cable TV Connections, Ceilings 9 Ft Plus, Hardwood Floors, Pulldown Attic Stairs, Wall - to - wall Carpet, Whirlpool Bath, Walk - in Closet, Kitchen: Breakfast Bar, Kitchen: Solid Surface Counters, List Type: Exclusive Right To Sell, Lot Size: 2 - 1 Acre, Market Code: Off Market, MS Bus: Yes, Photo Available: YES, Ownership: Fee Simple, Possible Financing: Cash, Possible Financing: Conventional, Possible Financing: FHA, Photo: Broker Will Provide Photo, Parking: 2 Car, Parking: Kitchen Level Entry, Roof Type: Composition, State: GA, Share Address with Public Websites: Yes, Include in Auto - Valuation Models: Yes, Allow additional comments: Yes, Share with Public Websites: Yes, Water: Public Water, Water: Septic Tank, Basement: Bath Finished, Basement: Daylight, Basement: Entrance - Outside, Basement: Finished Rooms, Basement: Full, Energy Related: Programmable Thermostat, Energy Related: Insulation - ceiling, Energy Related: Insulation - floor, Equipment: Fire, Kitchen Equipment: Microwave - Built In, Sprinkler System, Amenities: Neighborhood Association, Porch, Cable In Street, Double Vanity, Garden Tub, Energy Related: Thermo, Separate Shower, Kitchen Equipment: Icemaker Line, Kitchen: Breakfast Area, Fees Include: Grounds Maintenance, Lot Description: Wooded, Lot Description: Private Backyard, Date Of Possession: Negotiable, Ceilings - Trey, Parking: Garage, Foyer - Entrance, Kitchen: Pantry, Rooms: DR - Separate, Rooms: Family Room, Rooms: In - law Suite or Apartment, Rooms: Office, Laundry Type: Room, Possible Financing: VA, Showing Instructions: Appt Agent, Basement: Entrance - Inside, Kitchen Equipment: Refrigerator, Foyer - 2 Story, Parking: Attached, Parking: Auto Garage Door, Parking: Storage, Acreage Source: Public Record, Rooms: Dining Room Seats 12 +, Energy Related: Certified Good Cents, Attic Expandable, Construction: Concrete Siding, Laundry Location: Other (See Remarks), Tile Floors, Screen Porch, Status: Under Contract, Cooling Type: Dual, Heating Type: Dual, source: RETS, Virtual Tour Available: Yes, Tile Bath, SQFT Source: Sq Ft Not Entered, Style: Craftsman, Area: DOUG, County: Douglas, Kitchen: Second Kitchen, Stories: Multi - Level, Equipment: Alarm - Carbon Monoxide, Kitchen Equipment: Convection Oven, Special Conditions: Agent Related to Seller, Elementary School: GA, High School: GA, Middle School: GA, Elementary School: Douglas County, High School: Douglas County, Middle School: Douglas County