Sentences with phrase «with exclusive possession»

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).

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.»

In West Virginia, the terms of a protective order may include awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal.

Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit

Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 — Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection Order Questionnaire Form FL - 14 — Restraining Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim

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.

It is unlikely that you will be able to get an Exclusive Possession Order if you do not have children that will be remaining with you and there has not been any violence.

When making an order for exclusive possession of the home, the court will consider the best interests of the children as paramount, along with the financial position of the parties, and any instances of domestic violence affecting the safety and wellbeing of all parties involved.

If one spouse wants to be able to live in the house after separation either alone or with children, one option is to ask the Court for an Exclusive Possession Order.

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.

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,

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.

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

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 PAWith 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 PAwith 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.

However, regardless of whether the victim is also a tenant or not, the perpetrator who is a tenant is entitled to keys and to access unless the victim has a protection order with a condition for exclusive possession of the residential premises under the Protection Against Family Violence Act, RSA 2000, c P - 27 (PAFVA) or other legislation discussed by Professor Koshan.

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.

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.

Proof that the defendant was in exclusive possession of the recently stolen goods, not explained by other evidence, can be used to infer that the defendant received the goods with knowledge that they were stolen and that he received them with dishonest intent.

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).

One spouse (usually the custodial parent) remains in the home with the exclusive use and possession for a certain period of time (for example, until the youngest child graduates from high school), then either buys out the other spouse or sells the home and divides the proceeds.

Need further identification of native title rights to determine extent of inconsistency with lease right to exclusive possession for mining purpose

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.

They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it.

Consistent with the objective of treating Aboriginal and Torres Strait Islander land as similar as practicable to freehold land, where a project takes place on exclusive possession native title land, the Crown's consent is not required.

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.

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

In Wik, a majority explained «To say that the pastoral leases in question did not confer rights to exclusive possession on the grantees is in no way destructive of the title of the grantees», Toohey J (with whom Gaudron, Gummow and Kirby JJ concurred on this point - CLR p189 - 190).

I have in my possession a non listing taken by a «marketing firm» aligned with a Brokerage with mls listing and exclusive listing all crossed out at the top with it stated that this was not a listing initialed by all parties (no registrant of course) which appeared on TREB, submitted by an ignomious Brokerage 3 days after being signed.

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