Does a purchaser of a property have to give up possession of the property to make a repudiation effective?
Saskatchewan, Canada
The following excerpt is from Armstrong v. Sparling and Kennedy, 1924 CanLII 168 (SK QB):
In Pemberton v. Cole 1917 CanLII 690 (AB QB), [1918] 1 W.W.R. 269, it was held that one who seeks to repudiate an agreement on account of defective title must give up the possession and all claim to a right thereof under the contract in order to make the repudiation effective. But, in that case, the purchaser continued to occupy the premises up until the time of the trial.
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