What is the test for a person to be in possession of land?

British Columbia, Canada


The following excerpt is from Yazdi Integrated Health Group Ltd. v. Unihealth Management Ltd., 2014 BCSC 332 (CanLII):

In order to be in possession of land, a person must exercise a degree of control over it to the exclusion of others and must have the use and enjoyment of the property: Bacic v. Bacic Estate, 2010 BCSC 728 at para 45.

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