What are the circumstances in which a plaintiff was able to purchase quiet enjoyment of their existing property by acquiring any property other than the settlement lands?
Alberta, Canada
The following excerpt is from Beier v. Proper Cat Construction Ltd., 2013 ABQB 351 (CanLII):
The plaintiffs could not purchase quiet enjoyment of their existing property by acquiring any property other than the settlement lands. The defendants, persons the plaintiffs believed were rogue neighbours, owned and occupied the settlement lands. These facts make the settlement lands unique for the purposes of Semelhago v. Parmadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415, 429.
"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
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
Can a party who has a right of first refusal to purchase a property that is encumbered by a right-of-first refusal be prevented from purchasing the property? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
Is a purchaser and/or transferee permitted to run with the land? (Alberta, Canada)
When a testator begins a matrimonial property action against his ex-wife for his undivided interest in their jointly owned duplex home, does the testator have a right to dispose of the property at the time he wrote the will? (Alberta, Canada)
In what circumstances will a plaintiff not be able to prove for discovery that there is no defence to his claim? (Alberta, Canada)
In what circumstances will a plaintiff have to rely on interpreters at trial? (Alberta, Canada)
Is a plaintiff's settlement agreement with other defendants relevant for disclosure purposes? (Alberta, Canada)
In what circumstances will a plaintiff be required to plan for her long-term care home? (Alberta, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
