Is there a net run against a party out of possession?

New Brunswick, Canada


The following excerpt is from Farren v. Pejepscot Paper Co., 1932 CanLII 537 (NB CA):

It is elementary law that the statute does net run against a party out of possession, unless there is a person in possession; and further, if there has been a series of persons in possession for the statutory term, between some of whom and their predecessors there has been no privity, in such case the bar of the statute is complete; but if there has been any interval between the possession of such persons, then inasmuch as during that interval the law refers the possession to the real owner having title, the benefit of the former possession of a precedent wrongdoer is lost to a trespasser who I subsequently enters, in whose favour the statute consequently run-only from " the date of his own entry. Handley v. Archibald 1899 CanLII 79 (SCC), [1899] 30 S.C.R. 130, per Strong, C.J., at p. 137.

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