Is an acknowledgment made by the owners of 321 Mill Street of the property where the well and well cover are located too late?

Ontario, Canada


The following excerpt is from Tasker v. Badgerow, 2007 CanLII 23362 (ON SC):

However, if the title of the Hales at the time of the agreement (the owners in 1983 of 317-319 Mill Street) to the property on which the well is situate had already been extinguished by virtue of adverse possession, then even if the 1983 agreement is an acknowledgment by the owners of 321 Mill Street of the title to the property where the well and well cover is located, such an acknowledgment is too late if adverse possession has already been established. See Shannan v. Raymond, [1998] O.J. No. 666. In that case, Justice Morin held as follows at paragraph 47: The law seems clear that an acknowledgment made after the expiration of the statutory period is too late in time as the title of the person who is out of possession is extinguished after a lapse of the statutory period.

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