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PRESCRIPTION - Acquisitive prescription - Civil Code of Québec - Immovable - Mandatory judicial demand - Possession

Wednesday, April 12, 2017 @ 8:44 AM  

Appeal from a judgment of the Quebec Court of Appeal affirming a decision dismissing Ostiguy and Savard’s application for an injunction. The parties were owners of contiguous lots on which their respective chalets were located. Between 1994 and 2011, the respondent, Allie, and her family used one or two parking spaces situated on the property of their then neighbour in full view of everyone, and no objection to their doing so was raised. In 2011, the appellants, Ostiguy and Savard, purchased this neighbouring lot. A few...