Background:
The City of Melville sought a court order to register an easement over land owned by Jordan Keller, relying on a caveat registered in 1963 that referenced an unregistered easement agreement. Melville claimed the easement was for sewage drainage infrastructure. Jordan Keller opposed, asserting the easement’s terms were unproven and that Melville had no right to the land.

Legal Issues:

1. Did Jordan Keller retain standing to challenge the caveat after selling the land but registering a miscellaneous interest in gravel deposits?
2. Should the court recognize or register an easement based on the 1963 caveat and alleged agreement?

Court Findings:

• The court held that Keller had standing due to his valid miscellaneous interest under The Land Titles Act, 2000.
• Melville failed to prove the terms of the alleged 1962 easement agreement. Without clear evidence of duration, scope, or terms, the court found no basis to declare or register an easement.
• The principle of indefeasibility of title protected Keller’s rights, as no easement was registered when he acquired the property.

Outcome and Costs:
The court dismissed Melville’s application and awarded costs to Jordan Keller in accordance with Schedule 1 “B-General” Column 3 of the cost guidelines, the specific amount to be taxed.

Key Takeaway:
The case emphasized the need for clear, documented evidence of property rights, particularly when relying on historic agreements or caveats.