What is Depew's approach to a claim for possessory title by adverse possession?
Ontario, Canada
The following excerpt is from English v. Perras, 2018 ONCA 649 (CanLII):
Depew was followed in the recent case of Barbour v. Bailey. In that case, the applicant brought a claim for possessory title by adverse possession, or alternatively a prescriptive easement. The applicant owned a cottage on an island that was accessible by a footpath that joined the island with a beach. Both the footpath and the beach were property of the respondent, who objected to the claim. While the footpath provided the more convenient route to the island, the claimant and her family could also access the island by boat or by wading through the water.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with adverse possession claims involving a large shed which straddles a property line? (Ontario, Canada)
Is mutual mistake not fatal to a claim for possessory title? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Does the requirement that adverse possession claimants must effectively exclude the true owner from the claimed property apply even in a mutual mistake? (Ontario, Canada)
Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim? (Ontario, Canada)
Is a purchaser entitled to claim back the deposit on a contract where the vendor has not had a good title? (Ontario, Canada)
In what circumstances have courts sentenced an offender to a total of 6 years for possessing cocaine for the purpose of trafficking and 3 years concurrent for possessing heroin? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
Can a motorcyclist who tripped over a motorcycle parked near his trailer and hit his head on his trailer claim an accident insurance claim? (Ontario, Canada)
