Killam v. March

55 N.W.2d 945 (1944)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P purchased a parcel of registered land and became the holders of a certificate of title issued by the South Registry District. The certificate noted that the land was subject to a mortgage by a bank and to sewer assessments; no other encumbrances appeared. D owned land abutting on the premises of P. D used both a driveway and a garage located on P's land ever since P acquired title. D claimed this right by virtue of a lease dated August 8, 1938, from P's predecessors in title. The lease was acknowledged and under seal and purported to give D, for a period of 25 years, a demise of that part of P's land. It was recorded with a plan on September 23, 1941, but was not registered in the land registration division. The trial judge found that prior to October 14, 1941, the day that P acquired the land, that P had actual notice of the lease and that P were not holders for value without notice thereof. The judge dismissed P's bill and P appealed.