In June of 2000, Bernie acquired a parcel of land consisting of 100 hectares, which he intended to farm as had many owners of the property before him. At the time he purchased the property, Bernie's lawyer told him that, in the course of her search of title to the property, she had found a deed to a logging company registered in 1910. The deed was for a 15-metre wide strip of land, which appeared to lie on the same property that Bernie was purchasing. The deed seemed to be the result of purchase which had occurred in 1910, across the lands Bernie was going to buy (then owned by Smith) and continuing across the lands of the neighbours to both sides. Most likely, it had been purchased to build an access road into a forest. The road had never been built. In fact, there were no physical structures on the strip that had been constructed by the logging company.
The lawyer further explained that she had found another deed, dated in 1938, in which an owner of the lands named White had sold them to Green, but that the deed in that case was all-encompassing, and had included the strip in the description of the lands to be conveyed. There had been several further transactions up to the present owner from whom Bernie would be purchasing the lands. Bernie instructed his lawyer to continue with the purchase and close the deal. After closing, Bernie continued to farm the lands as had his predecessors, including the 15-metre strip.
In 2013 Bernie registered a sworn document on the title of the property in which he declared himself to be the owner in fee simple of the 15-metre strip. The successor to the logging company, upon becoming aware of the registration, wrote to Bernie threatening legal action to challenge his assertion to any rights in the strip
The land registration system of the province in which Bernie resided stipulated that there be a clear chain of title for 40 years.
Discuss the rights and liabilities, if any, of the various parties involved in the case. If the successor to the logging company took legal action, what would be the outcome?

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The Answer of In June of 2000, Bernie acquired a parcel of land consisting of 100 hectares, which he intended to farm as had many owners of the property before him. At the time he purchased the property, Bernie's lawyer told him that, in the course of her search of title to the property, she had found a deed to a logging company registered in 1910. The deed was for a 15-metre wide strip of land, which appeared to lie on the same property that Bernie was purchasing. The deed seemed to be the result of purchase which had occurred in 1910, across the lands Bernie was going to buy (then owned by Smith) and continuing across the lands of the neighbours to both sides. Most likely, it had been purchased to build an access road into a forest. The road had never been built. In fact, there were no physical structures on the strip that had been constructed by the logging company.
The lawyer further explained that she had found another deed, dated in 1938, in which an owner of the lands named White had sold them to Green, but that the deed in that case was all-encompassing, and had included the strip in the description of the lands to be conveyed. There had been several further transactions up to the present owner from whom Bernie would be purchasing the lands. Bernie instructed his lawyer to continue with the purchase and close the deal. After closing, Bernie continued to farm the lands as had his predecessors, including the 15-metre strip.
In 2013 Bernie registered a sworn document on the title of the property in which he declared himself to be the owner in fee simple of the 15-metre strip. The successor to the logging company, upon becoming aware of the registration, wrote to Bernie threatening legal action to challenge his assertion to any rights in the strip
The land registration system of the province in which Bernie resided stipulated that there be a clear chain of title for 40 years.
Discuss the rights and liabilities, if any, of the various parties involved in the case. If the successor to the logging company took legal action, what would be the outcome?

In June of 2000, Bernie Acquired a Parcel of Land