In what circumstances will a landowner who has claimed colourable title to land be able to oust the title of the true owner of the land?

Nova Scotia, Canada


The following excerpt is from Halifax County Pulp Co. Ltd. v. Rutledge, 1981 CanLII 2609 (NS SC):

In Wood v. LeBlanc (1904), 1904 CanLII 71 (SCC), 34 S.C.R. 627 at p. 635, Davies J. said: Now, in my judgment, the possession necessary under a colourable title to oust the title of the true owner must be just as open, actual, exclusive, continuous and notorious as when claimed without such colour, the only difference being that the actual possession of part is extended by construction to all the lands within the boundaries of the deed but only when and while there is that part occupation. And before it can be extended it must exist and is only extended by construction while it exists. It may be that a person with colourable title engaged in lumbering on land would be held while so engaged and in actual occupation of part to be in the constructive possession of all not actually adversely occupied even if that embraced some thousands of acres within the bounds of his deed. But it is clear to my mind that if and when such person withdraws from the possession of the part by ceasing to carry on the acts which gave him possession there he necessarily ceases to have constructive possession of the rest. His possession in other words must be an actual continuous possession, at least of part.

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