What is the definition of “use” and what is the effect of the use when the use is limited to a 3.08 acre parcel?

Prince Edward Island, Canada


The following excerpt is from Pierlot Family Farm Ltd. v. Polstra, 2003 PESCAD 23 (CanLII):

Also in Gibbs v. Grand Bend (Village), supra at p. 656 Finlayson J.A. refers to the Black’s Law Dictionary, (6th ed.) definition of “use” as “that enjoyment of property which consists in its employment, occupation, exercise or practice.” The specific terms of the use as set forth in the deed of conveyance at issue here are spelled out in unambiguous language. The use is “free and uninterrupted” with the exception that buildings may not be constructed or placed on the lands. The use is for “all purposes” including the passage of vehicles and for the benefit of the corporate grantor (the appellant) and/or members of the “Pierlot family.” Finally, the use is also intended to be in conjunction with the appellant’s fee simple interest and that of members of the Pierlot family in the 3.08 acre parcel. In this respect, the terms of the reservation provide that the use will terminate when the fee simple in the 3.08 acres is conveyed by the appellant to a person other than a member of the Pierlot family.

Other Questions


What is the limitation period for an action framed in negligence under s.2(1)(d) of the Statute of Limitations? (Prince Edward Island, Canada)
What is the test for extending the limitation period for applying for an application to extend the time limit for application? (Prince Edward Island, Canada)
What is the definition of effective notice in the context of retroactive child support? (Prince Edward Island, Canada)
What is the effect on the value of the wife's net family property after a short marriage? (Prince Edward Island, Canada)
What is the legal test used to determine compensation for loss of income or wages as a result of discrimination? (Prince Edward Island, Canada)
How have the courts in the US considered the meaning of the word "legacy" in the context of a statute of limitation? (Prince Edward Island, Canada)
What are the legal tests for establishing constructive possession of a part of a parcel of land on the Toronto Flats? (Prince Edward Island, Canada)
What is the limitation of authority imposed by the client on the solicitor? (Prince Edward Island, Canada)
What is the effect of the draft audit on CASP's Master Plan? (Prince Edward Island, Canada)
What is the effect of the totality principle on a sentence when dealing with multiple offences? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.