Cliche v. Roy

Cliche v. Roy

The 1897 deed, read in the context of the state of the premises and the parties' conduct, granted the respondent the right to bring water from adjoining lands through pipes on the leased lots; appeal dismissed and respondent entitled to maintain the pipes, with costs.

Citation
(1907) 39 SCR 244
Parties
Appellant (plaintiff): Wilfrid Cliche; Respondent (defendant): Venerand Roy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Appeal / Supreme Court of Canada Judgment on Appeal From Court of King's Bench (quebec)
Outcome
Appeal dismissed with costs
Legal Topics
Servitude (easement), Construction of Deed, Acquiescence and Estoppel by Conduct, Requirement of Written Title for Servitudes, Extinction of Servitude
Source Language
English
Property Law Civil Procedure Partnership Law Servitude (easement) Construction of Deed Acquiescence and Estoppel by Conduct Requirement of Written Title for Servitudes Extinction of Servitude

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Parties

Wilfrid Cliche

Appellant (plaintiff)

Venerand Roy

Respondent (defendant)

Procedural Posture

Appeal / Supreme Court of Canada Judgment on Appeal From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether the 1897 deed granted the right to bring water from adjoining lands through pipes laid on the leased lands
  2. 2 Whether long possession or acquiescence could establish a servitude absent a written title
  3. 3 Whether the defendant could be sued individually despite partnership ownership of the waterworks

Ratio Decidendi

The 1897 deed, read in the context of the state of the premises and the parties' conduct, granted the respondent the right to bring water from adjoining lands through pipes on the leased lots; appeal dismissed and respondent entitled to maintain the pipes, with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs