Purdom v. Robinson

Purdom v. Robinson

The beach formed by accretion belonged to the owner of the adjoining lot and no public prescriptive or dedication-based right existed; an easement expressly granted as appurtenant to a specified lot (lot 3) cannot be used to benefit other land, so the appellant had no right to use the respondent's beach except to the limited extent (if any) incident to lot 3.

Citation
(1899) 30 SCR 64
Parties
Defendant/appellant: John Purdom; Plaintiff/respondent: John A. Robinson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 October 1899
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada; Final Judgment on Appeal From Ontario Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Right of Way, Easement Appurtenant, Prescriptive Right, Accretion, Public Dedication
Source Language
English
Property Law Easements Real Property Right of Way Easement Appurtenant Prescriptive Right Accretion Public Dedication

Case Brief

Summary, issues, holding and outcome

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Parties

John Purdom

Defendant/appellant

John A. Robinson

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada; Final Judgment on Appeal From Ontario Court of Appeal

Legal Issues

  1. 1 Whether a public right of way existed along the newly formed beach superior to the Crown grantee
  2. 2 Whether the public acquired a prescriptive right of user over the beach
  3. 3 Whether an easement granted as appurtenant to lot 3 could be used to benefit other property (Orchard Beach on lot 2)

Ratio Decidendi

The beach formed by accretion belonged to the owner of the adjoining lot and no public prescriptive or dedication-based right existed; an easement expressly granted as appurtenant to a specified lot (lot 3) cannot be used to benefit other land, so the appellant had no right to use the respondent's beach except to the limited extent (if any) incident to lot 3.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Decree declaring appellant has no right of way across the respondent's part of lot 1 except under any right he may have under the conveyance to the east half of lot 3 in plan 177; appellant restrained from using the way except under such right