The plaintiffs sought a declaration of adverse possession over a portion of a concrete driveway and adjacent grassy area that encroached onto the defendants' neighbouring property.
The properties were converted to the land titles system in 2005, requiring the plaintiffs to prove adverse possession for a continuous ten-year period prior to that date.
While the court found the plaintiffs established actual possession and an intention to exclude regarding the driveway area, they failed to prove effective exclusion of the true owners, as the area remained open and functioned as a buffer between the homes.
The plaintiffs' claim was dismissed and the defendants' crossclaim for absolute title was granted.
