Ocean Harvesters Ltd. v. Quinlan Brothers Ltd., (1971) 1 Nfld. & P.E.I.R. 609 (NFCA)

• Judge: Furlong, C.J., Puddester and Mifflin, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 21, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 1 Nfld. & P.E.I.R. 609 (NFCA)

Ocean Harvesters v. Quinlan Bros. (1971), 1 Nfld. & P.E.I.R. 609 (NFCA)

MLB headnote and full text

Ocean Harvesters Ltd. v. Quinlan Brothers Ltd.

Indexed As: Ocean Harvesters Ltd. v. Quinlan Brothers Ltd.

Newfoundland Supreme Court

On Appeal

Furlong, C.J., Puddester and Mifflin, JJ.

May 21, 1971.

Summary:

Appeal Court allowed appeal and reversed the judgment of the Trial Court in favor of the plaintiff in an action to determine whether the plaintiff had acquired title to land by virtue of possession for 20 years under Section 3 and 4 of the Limitations of Actions (Realty) Act. Appeal Court held that the plaintiff had not acquired title by adverse possession. The land was originally owned by an individual who set up a company through which the plaintiff claimed the title. All assets of the individual, with the exception of the land, were conveyed to the company. The company was permitted to use the property, but not exclusively, for over 20 years. The owner never relinquished control of the land and the land was never listed in the assets of the company. The owner conveyed the land to the defendant. Appeal Court held that without the owner being dispossessed and without an animus possidendi or intention to possess by the company, the title of the owner was not extinguished.

Real Property - Topic 5691

Adverse possession - Exclusive possession - General - Sections 3 and 4 of Limitation of Actions (Realty) Act - Owner of property permitting company controlled by owner to use property for over 20 years - Control over property retained by owner - Use by company not exclusive - No intention to possess on part of company - The Newfoundland Court of Appeal held owner never dispossessed and held company had not acquired possessory title.

Cases Noticed:

Wills v. Steer (1904-11), 9 Nfld. L.R. 288, folld.

Perry v. Henderson (1847), 3 U.C.Q.B.R. 486, dist.

Statutes Noticed:

Limitation of Actions (Realty) Act, R.S.N. 1952, c. 145, sect. 3, sect. 4.

Counsel:

P.J. Lewis, Q.C., for the plaintiff respondent;

N.S. Noel, Q.C., for the defendant appellant.