In what circumstances will the Edmonds be considered in law as in possession of the land they occupy?
Nova Scotia, Canada
The following excerpt is from Gould v. Edmonds, 2001 NSSC 15 (CanLII):
Likewise in the case at bar the Edmonds and their predecessors in title were living on the property and occupying their own home on the lands. The land was in actual occupation and possession of the true owner. As stated in Anger v. Honsberger Law of Real Property (2ed 1985) at pg. 1517: where a person having proper title to land occupies part of it, he is regarded in law as being in possession of the whole, unless another person is in actual, physical possession of some part to the exclusion of the true owner.
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