Laurentide Paper Co. v. Baptist

Laurentide Paper Co. v. Baptist

A deed granting, for a limited time, the right to cut standing timber with permission to build roads is a license/personal right to the timber which vests in the grantee only upon severance; it does not transfer a real right in the land and registration of such a deed cannot secure priority against a subsequent purchaser of the land.

Citation
(1908) 41 SCR 105
Parties
Appellant / Plaintiff: Laurentide Paper Company; Respondent / Defendant: Alexander Baptist
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 October 1908
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench, appeal side, Quebec affirmed.
Legal Topics
Sale of Standing Timber, Registration of Real Rights, Movables Vs Immovables, Priority of Title, License to Cut, Superficies Vs Servitude
Source Language
English
Property Law Commercial Law Civil Registry Law Real Rights Sale of Standing Timber Registration of Real Rights Movables Vs Immovables Priority of Title +2 more

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Parties

Laurentide Paper Company

Appellant / Plaintiff

Alexander Baptist

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Quebec

Legal Issues

  1. 1 Whether a 20-year deed granting the right to cut standing timber conveys a real right in the land or merely a personal/license right
  2. 2 Whether registration of such a deed under the Civil Code/Registry Act gives the grantee priority against a subsequent purchaser of the land
  3. 3 Whether the right in question constitutes a superficies or a servitude that must be registered

Ratio Decidendi

A deed granting, for a limited time, the right to cut standing timber with permission to build roads is a license/personal right to the timber which vests in the grantee only upon severance; it does not transfer a real right in the land and registration of such a deed cannot secure priority against a subsequent purchaser of the land.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench, appeal side, Quebec affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of Court of King's Bench, appeal side, Quebec affirmed