The appellants appealed a trial decision dismissing their claim for adverse possession over a 2.6-foot strip of land on the respondents' property.
The appellants argued the trial judge erred in his factual findings and in applying the test for adverse possession, specifically regarding mutual mistake and the requirement to exclude the true owner.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings and confirming that effective exclusion of the true owner throughout the 10-year period remains a requirement for adverse possession, even in cases of mutual mistake.
