Section 2 8 of the Albert a Limitation of Ac tions Ac t h a s the s ame effec t ; 28a Wher e any per son i s in po s se s s ion of any land, or in r ec e ipt of the profi t s ther eof by vir tue of a lea se in wr iting , by which a r ent amounting to the year ly sum or value of four dollar s or upwar ds is r e ser ved, and the rent r e s erved by such le a se has been r ec e ived by some per s on. [...] The i ntroduction of a sum a s s e s se d in a r eglation would have t-& the advantage of allowing the f igure to be kept up to date and allow the economic c irc umstance s of the Prov ince to be t aken into acc ount. [...] The pos ition i s that whenever the c ause of ac t ion may be said to accrue , whetr it doe s so as a re sult of the oer ation of s ec t ion s 28, 9 or 3 0 o f the Limitat ion o f Ac tion s Act or a s a r e sult o f the ac t s o f the p ar t ie s , then from that t ime the po s s e s s ion m&y be said to be adver se and t ime begin to r un. [...] 2 6 4 at 27 3 ; 11 ! do not think that the:('e was any di spo s se s s ion of the p laintiff by the a.c t s of the defendant ; act s of u ser are not enough to t ake the soi l out of the p la intiff and her pre dec e ss or s in tit le and to vest it in the defendan in or der to defeat a title by di spos s e s s ing the former owner , ac t s mus t be done which ar e inc on s istent with h i s enj o. [...] Wher e a per son i s in pos se s s ion of land, or in r ec e ipt of the profit s thereof , a s nant from ar to yar or other per iod without a l e a se in wr tng , the r ight of the c laimant or h i s pre dec e ssor to take proc eedings to r ecover the l an d shc.l l b e deeme d t o have fir st accrued ( a ) at the determination of the f ir st of such year s or other per iods , or (b) at the last.
- Pages
- 143
- Published in
- Canada
