Iredale v. Loudon

Iredale v. Loudon

Possession of an upper room in a building, when open, exclusive and continuous for the statutory period, can ripen into a possessory title under the Real Property Limitations Act; that title covers the room and so much of the structure as rests upon the soil to which possession has ripened. Incidental rights which amount to positive easements or rest solely on implication of a grant are not necessarily conferred by the shorter statutory period and may require longer prescription or an express/implied grant.

Citation
(1908) 40 SCR 313
Parties
Appellant / Plaintiff: James Iredale; Respondents / Defendants: Mary Jane Loudon and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 June 1908
Procedural Posture
Appeal; Title to Land (adverse Possession) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed in part; trial judge's judgment restored with modification; broad injunction set aside and limited injunction granted protecting only so much of the structure as rests on the soil to which appellant acquired possessory title; costs to appellant.
Legal Topics
Adverse Possession, Title by Possession to Part of a Building, Right of Support, Implied Grant Vs License, Injunction Against Demolition
Source Language
English
Property Law Real Property Easements Statute of Limitations Adverse Possession Title by Possession to Part of a Building Right of Support Implied Grant Vs License +1 more

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Parties

James Iredale

Appellant / Plaintiff

Mary Jane Loudon and Others

Respondents / Defendants

Procedural Posture

Appeal; Title to Land (adverse Possession) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether exclusive possession of an upper room within a building can ripen into title under the Statute of Limitations
  2. 2 Whether possession extended to stairway and landing and to rights of support for the room
  3. 3 Whether rights of support are proprietary incidents acquired by 12 years' possession or positive easements requiring 20 years' prescription

Ratio Decidendi

Possession of an upper room in a building, when open, exclusive and continuous for the statutory period, can ripen into a possessory title under the Real Property Limitations Act; that title covers the room and so much of the structure as rests upon the soil to which possession has ripened. Incidental rights which amount to positive easements or rest solely on implication of a grant are not necessarily conferred by the shorter statutory period and may require longer prescription or an express/implied grant.

Court Disposition

Appeal allowed in part; trial judge's judgment restored with modification; broad injunction set aside and limited injunction granted protecting only so much of the structure as rests on the soil to which appellant acquired possessory title; costs to appellant.

Orders

  • Appeal allowed with costs.
  • Defendants restrained from interfering with so much of the structure as rests upon the parcel of soil to which the appellant had acquired a possessory title; broader injunction set aside.