Gold et al. v. Chronas et al.
[Indexed as: Gold v. Chronas]
Ontario Reports
Court of Appeal for Ontario,
Simmons, G.J. Epstein and Pardu JJ.A.
December 18, 2015
128 O.R. (3d) 428 | 2015 ONCA 900
Case Summary
Real property — Registration — Investigation of titles — Application of s. 113(5)(a)(iv) of Registry Act not restricted to prescriptive covenants — "Unregistered" in s. 113(5)(a)(iv) not meaning "never registered" — Section 113(5) (a)(iv) applying to protect dominant tenement-holder's right to use right-of-way that was once registered on servient tenement but registration of which was not validly renewed within 40 years after its creation — Claimant required to show that owners of dominant tenement have openly enjoyed and used right-of-way continuously from expiration of 40-year expiry period — Registry Act, R.S.O. 1990, c. R.20, s. 113(5)(a) (iv).
The respondents used a right-of-way over a laneway on the appellants' property to access their homes until 2013, when the appellants blocked the laneway. For [page429] the period from about 1948 to 1960, the deeds in the chain of title to the appellants' property stated that the property was subject to a right-of-way over the laneway, but from 1960 onwards, the deeds no longer referred to the right-of-way. The