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Adverse possession and prescriptive rights
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Property Law Notes
ubclss.com- Aboriginal rights and title have always existed at common law (Calder) - Aboriginal title is protected under s.35 of Constitution Act 1867 (Van der Peet) - Aboriginal title is not prescriptive 1. It has roots in original occupation of land (Calder) - The Crown has a fiduciary duty to Aboriginal people (Guerin) - Aboriginal rights: 1.