What is the test for an action to enforce a contract, obligation or liability affecting land within the jurisdiction?

Saskatchewan, Canada


The following excerpt is from Wilkie (Town) v. Smith, 1943 CanLII 177 (SK CA):

The same concept appears from the judgment of Charles, J. who says at p. 151: “Is the action an action to enforce a contract, obligation, or liability affecting land within the jurisdiction? I think it is. I think it is an action to enforce all three of the things described in clause (b): there is a contract between, and an obligation and a liability imposed upon, the owner and occupier respectively, by virtue of the local law, which introduces into the contract an additional term, though perhaps it would be more correct to say, having regard to the dictum of Parke, B., in Jones v. Robin (1847) 10 Q.B. 620, at 635, 17 L.J.Q.B. 122, 116 E.R. 235, that the parties contract with reference to the custom. I am of opinion that such a custom does affect the land which is subject to it.”

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