PRV4 144 Lecture Notes - Lecture 13: Unsecured Creditor, 2-Step Garage, Novation

• School: McGill University
• Department: Private Law 4
• Course: PRV4 144
• Professor: Richard Janga

Document Summary

License vs. leases: leases are an estate in land in the form of leasehold and not freehold. Therefore, they did not partake of the logic of estate, seisin, etc. If you leased land, your only recourses (against third party or landlord) were obligational and for damages. I am not claiming to have a freehold right but a better right to possession. It did(cid:374)"t (cid:396)esol(cid:448)e the (cid:395)uestio(cid:374) of title: the actions were cumbersome. Defendants could put trials off for a couple of years. If i have this relationship i get better recourses. It might be possible to generate a consensus that something needs to be addressed. If freeholders are saying we want access to the claim of ejectment, rather than jump through procedural hoops. The legal profession may come to realize this but a development like this has to be done under cover (rather than say ejectment is now available for freeholders): bottom of page 376.