Declaratory Order Application Requirements

Summary

To apply for a declaratory order, proof of a clear legal right is needed. Personal restrictive conditions are enforceable by the named individual. Spouses can use spoliation remedies against each other. Control in possession can be delegated and need not be continuous. Possession is not inherently unlawful, and a thief is a mala fide unlawful holder.

Full Conversation

A title deed provision states: "Only Mr. Z may operate a liquor store within the township boundaries." Which of the following best describes this legal arrangement? A real restrictive condition enforceable by Mr. Z and his successors in title. A personal restrictive condition enforceable by Mr. Z alone A land use regulation subject to municipal rezoning A praedial servitude.
The title deed provision stating "Only Mr. Z may operate a liquor store within the township boundaries" best describes a "personal restrictive condition enforceable by Mr. Z alone." This condition is specific to Mr. Z and isn't transferable to successors, making it personal rather than real or praedial.
Indicate whether the following statement is true or false. The case of Mans v Mans (formerly Richens, born Maddock) * (C) determined spouses can institute the spoliation remedy against each other. True False
The statement is True. The case of Mans v Mans (formerly Richens, born Maddock) * (C) determined that spouses can institute the spoliation remedy against each other.
Which of the following statements are a correct definition of control as an element of possession and holdership? i) Control need not be comprehensive which means that depending on the nature, size and use of the thing, control must extend over every single part of it. ii) Control must be exclusive in that only one person can exercise control over an object at any time. iii) Control need not be exercised personally which implies that it can be exercised on behalf of the controller by an agent or a lessee. iv) Control need not be continuous and may be interrupted for short periods of time. A. (i) and (ii) are correct; B. (iii) and (iv) are correct; C. (i), (iii) and (iv) are correct; D. (ii) and (iii) are correct.
Case Rating: *
Based on the definitions provided:
- Statement (i) is incorrect because control does not need to extend over every single part of the object.
- Statement (ii) is incorrect as control does not need to be exclusive; multiple people can have control simultaneously.
- Statement (iii) is correct; control can be exercised by an agent or lessee.
- Statement (iv) is correct; control can be interrupted for short periods.
Therefore, option B: (iii) and (iv) are correct.
Indicate whether the following statement is true or false. Possession is always unlawful. True False
False
Match the letter to the CORRECT description of the controller below: A thief. A. Mala fide possessor B. Lawful holder C. Mala fide unlawful holder D. Bona fide unlawful holder E. Owner F. None of the above
Case Rating: *
The correct description for a thief in terms of possession or holdership is:
C. Mala fide unlawful holder
A thief possesses property unlawfully and with bad faith, fitting the description of a mala fide unlawful holder.