Mifflin v. Abbott, (2015) 379 Nfld. & P.E.I.R. 355 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 14, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 379 Nfld. & P.E.I.R. 355 (NLTD(G))

Mifflin v. Abbott (2015), 379 Nfld. & P.E.I.R. 355 (NLTD(G));

    1176 A.P.R. 355

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. FE.016

Jeffrey Mifflin (plaintiff) v. Dean Abbott (defendant)

(201406G0013; 2015 NLTD(G) 13)

Indexed As: Mifflin v. Abbott

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

February 3, 2015.

Summary:

In 1999, the defendant purchased a parcel of land from the plaintiff's mother for $500, evidenced by a bill of sale which was registered. The defendant immediately occupied the land by placing posts on its perimeter and shortly thereafter constructing a garage. In 2009, the mother attempted to void the deal, now claiming that in fact her son was the true owner. The mother's offer to return the purchase price to the defendant was rejected. In 2014, the plaintiff sued the defendant for a return of the land.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the action. The plaintiff's claim was statute-barred by the 10 year limitation period under the Limitations Act.

Real Property - Topic 5607

Title - Extinguishment of title - Limitation of actions and adverse possession - Adverse possession defined - [See Real Property - Topic 5636 ].

Real Property - Topic 5636

Title - Extinguishment - Prescription and adverse possession - Possession - Entry under colour of title - In 1999, the defendant purchased a parcel of land from the plaintiff's mother for $500, evidenced by a bill of sale which was registered - The defendant immediately occupied the land by placing posts on its perimeter and shortly thereafter constructing a garage - In 2009, the mother attempted to void the deal, now claiming that in fact her son was the true owner - The mother's offer to return the purchase price to the defendant was rejected - In 2014, the plaintiff sued the defendant for a return of the land - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the action - The plaintiff's claim was statute-barred by the 10 year limitation period under the Limitations Act - The defendant acquired colour of title to the disputed land in 1999 - Assuming, without deciding, that the plaintiff was the true owner, and the bill of sale could not convey valid legal title, that did not derogate from the title of colour the sale from the mother gave him - The defendant's claim under colour of title based on his acts of possession for more than 10 years gave the defendant indefeasible title.

Counsel:

Thomas Hutchings, for the plaintiff;

James D. Hughes, Q.C., and Philip Whalen, for the defendant.

This action was heard on January 14, 2015, before Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on February 3, 2015.