A Quebec couple who bought a property with the understanding that it had a parking space able to accommodate several cars — part of which a neighbour’s son had been using for many years — has had their appeal to recognize their title to the full space dismissed by the Supreme Court of Canada.
In Alain Ostiguy et autre c. Hélène Allie, et al., the majority of the Supreme Court found that the respondent had satisfied the demands for acquisitive prescription under the Civil Code of Quebec (C.C.Q.).
The appellants, Alain Ostiguy and Valérie Savard, purchased a mountainside chalet on Mont Brome in Bromont, Quebec in 2011. A few months after they arrived they noticed that their parking space, which could hold up to four cars, was being used by the son of the respondent, Hélène Allie. They gave the respondent’s son formal notice to stop using their parking space, but when he continued to use it periodically the appellants applied to the Superior Court of Quebec for a permanent injunction to assert the registration of their title of ownership in the register of land rights against the respondent. In a cross demand, the respondent claimed ownership of half of the appellants’ parking space by way of acquisitive prescription under the C.C.Q.