Massawippi Valley Railway Co. v. Reed

Massawippi Valley Railway Co. v. Reed

The Supreme Court held that the 1870 deed conveyed the railway land up to the Massawippi River including the bed ad medium filum; Putney's post-sale occupation was possession by sufferance insufficient to support ten- or thirty-year acquisitive prescriptions; the subsequent conveyance language constituted a limitation equivalent to reservation in favour of the railway company and the defendant was charged with notice by registration; the 999-year lease reserved domaine direct to the plaintiffs so they retained petitory standing while lessees held the beneficial estate; factual findings of the trial judge on damages were left undisturbed and the record was remitted for valuation of...

Citation
(1903) 33 SCR 457
Parties
Plaintiff/appellant: Massawippi Valley Railway Company; Defendant/respondent: James B. Reed
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 June 1903
Procedural Posture
Property Dispute (petitory) Involving Riparian Rights and Railway Right of Way / Appeal to Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Appeal allowed; judgment below reversed on points of law related to title and prescription; trial findings on damages upheld; record remitted for valuation of improvements and Superior Court to enter judgment conforme upon payment.
Legal Topics
Riparian Rights, Acquisitive Prescription (10 and 30 Years), Emphyteutic Lease Vs Alienation, Interpretation of Deeds, Possession by Sufferance, Right of Action (au Pétitoire), Assessment of Damages, Joining Parties
Source Language
English
Property Law Railway Law Civil Law (quebec) Prescription/acquisitive Title Registry Law Contract Law Riparian Rights Acquisitive Prescription (10 and 30 Years) +6 more

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Parties

Massawippi Valley Railway Company

Plaintiff/appellant

James B. Reed

Defendant/respondent

Procedural Posture

Property Dispute (petitory) Involving Riparian Rights and Railway Right of Way / Appeal to Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether the 1870 deed to the railway company included the Massawippi River ad medium filum as part of the grant
  2. 2 Whether Putney's continued possession and subsequent conveyances could give the defendant acquisitive prescription of ten or thirty years
  3. 3 Whether the 999-year lease to another railway company extinguished the plaintiffs' legal right to bring a petitory action or only transferred advantageous (use) rights

Ratio Decidendi

The Supreme Court held that the 1870 deed conveyed the railway land up to the Massawippi River including the bed ad medium filum; Putney's post-sale occupation was possession by sufferance insufficient to support ten- or thirty-year acquisitive prescriptions; the subsequent conveyance language constituted a limitation equivalent to reservation in favour of the railway company and the defendant was charged with notice by registration; the 999-year lease reserved domaine direct to the plaintiffs so they retained petitory standing while lessees held the beneficial estate; factual findings of the trial judge on damages were left undisturbed and the record was remitted for valuation of...

Court Disposition

Appeal allowed; judgment below reversed on points of law related to title and prescription; trial findings on damages upheld; record remitted for valuation of improvements and Superior Court to enter judgment conforme upon payment.

Orders

  • Appeal allowed with costs
  • Trial judge's factual findings on damages to remain undisturbed