Municipality of Queen's County v. Cooper

Municipality of Queen's County v. Cooper

Where an island in a tidal navigable river has been enlarged by gradual and imperceptible accretion, the newly formed land accrues to the owner of the island; riparian rights depend on continued contact with the water and cease when natural accretion severs that contact; adverse possession was not established on the facts; because the Municipality occupied the accreted land since its formation the trial judgment awarding title to the Municipality up to the physical depression at the junction is restored.

Citation
[1946] SCR 584
Parties
Appellant/plaintiff: Municipality of Queen's County; Appellant/plaintiff: Maurice Webb; Appellant/plaintiff: Holland B. Bridges; Respondent/defendant: Arthur I. Cooper
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1946
Procedural Posture
Civil Appeal (property/trespass/title Dispute) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick Appeal Division; Final Judgment on Appeal
Outcome
Appeal allowed; cross-appeal dismissed; judgment of trial court restored
Legal Topics
Accretion, Riparian Rights, Adverse Possession, Trespass, Injunction, Title to Accreted Land, Navigable Tidal River
Source Language
English
Maritime Law Property Law Real Property Common Law Accretion Riparian Rights Adverse Possession Trespass +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Municipality of Queen's County

Appellant/plaintiff

Maurice Webb

Appellant/plaintiff

Holland B. Bridges

Appellant/plaintiff

Arthur I. Cooper

Respondent/defendant

Procedural Posture

Civil Appeal (property/trespass/title Dispute) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick Appeal Division; Final Judgment on Appeal

Legal Issues

  1. 1 Does land formed by gradual alluvium (accretion) adjoining an island accrue to island owner or to adjoining mainland riparian owner?
  2. 2 Whether riparian rights (notably access to water) survive when land becomes no longer washed by the water.
  3. 3 Whether respondent acquired title by adverse possession.

Ratio Decidendi

Where an island in a tidal navigable river has been enlarged by gradual and imperceptible accretion, the newly formed land accrues to the owner of the island; riparian rights depend on continued contact with the water and cease when natural accretion severs that contact; adverse possession was not established on the facts; because the Municipality occupied the accreted land since its formation the trial judgment awarding title to the Municipality up to the physical depression at the junction is restored.

Court Disposition

Appeal allowed; cross-appeal dismissed; judgment of trial court restored

Orders

  • Restore trial judgment awarding title to Municipality to the accreted extension of Thatch Island up to the delineated depression
  • Dismiss counter-claim for adverse possession