Is a private company permitted to occupy and occupy a portion of a subdivision of a residential lot?

Saskatchewan, Canada


The following excerpt is from Holmstead v. Moose Jaw (City), 1916 CanLII 114 (SK CA):

The company, in constructing its railway, passed over and is occupying a portion of the plaintiff’s said subdivision. On the arbitration proceedings the plaintiff is undoubtedly entitled to recover under the provisions of the Act for the value of the land actually taken, and, in addition, for damages to the remaining portion of these lots of which a part has been so taken. The plaintiff, in this action, claims that many lots in his subdivision—no portion of which has been taken by the railway—have been cut off from access to the city by the obstruction to the streets, and it seems clear that if, under the circumstances of this case, the plaintiff has a right to recover damages’ at all for such obstruction, it is not by way of arbitration. Holditch v. C.N.O. Ry. [1916] A.C. 536.

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