The applicants sought declarations that neighbouring landowners had no interest in their waterfront property and requested removal of a notice registered under s. 71 of the Land Titles Act claiming an unregistered right-of-way to the St. Lawrence River.
The respondents relied on historical deeds granting a 66‑foot right-of-way and a quitclaim deed confirming the easement.
The court held that the applicants’ predecessor had actual notice of the easement because the relevant instruments were registered within the 40‑year chain of title under the Registry Act.
The court further held that the description of the right-of-way was sufficiently certain and constituted a valid local description.
The applicants’ challenge to the easement therefore failed.
