Claim Of Right Ccc And Us Code

Criminal Code of Canada DEFENSE WITH CLAIM OF RIGHT ... / Defence without claim of right. 39. (1) Every one who is in peaceable possession of a personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary. (2) Every one who is in peaceable possession of personal property, but does not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it. [R.S. c.C-34, s.39.] Thanx. Anymore info on claim of right? Just read about it in Ballentine's. "An entry upon land with the intent to claim the land and to hold it." Title and Trust Corp v U.S. 264 US 200, 204. Also Black's 4th: "As regards adverse possession, claim of land as one's own to hold it for oneself." Tex.Civ.App., 186 S.W.2d1019, 1020. "Claim of right, claim of title and claim of ownership are synonymous." Ewing v. Tanner, 193 S.E. 243, 247. Also one in Wyoming. [3] Claim of Right – When a person asserts a claim of right to property in the possession of another and seeks to reclaim such property, the possessor is not justified in using force to thwart the dispossession if he knows, believes, or as a reasonable person should believe, that the claimant has a legitimate claim of right to possession of the property in question. Since the use of force to protect property is legitimate only if the act/attempted act of dispossession is unlawful, in such cases of a legitimate claim to property, the act of dispossession is lawful.

Can't kill 'em, but you can sure kick their ass! [A] Common Law – A person in possession of real or personal property is justified in using non-deadly force against a would-be dispossessor if he reasonably believes that such force is necessary to prevent imminent and unlawful dispossession of the property. Under no circumstances may a person use deadly force to prevent dispossession. And it gets even better:

claim of right Declaration by the Scottish estates in 1689 accompanying their recognition of the new regime of William and Mary following the ‘Glorious Revolution’ of 1688. The declaration asserted the right to depose any monarch who violated the law, listing grievances against James VII and II, as well as denouncing the Lords of the Articles and episcopacy in Scotland.

This article is © Research Machines plc 2009. All rights reserved. Helicon Publishing is a division of Research Machines plc.