The plaintiffs brought an action claiming ownership of a strip of the defendants' land through adverse possession.
The dispute arose after the defendants demanded the plaintiffs move their fence, asserting it was on the defendants' property.
The court found that a chain link fence had existed on the defendants' property for over ten years prior to the property's conversion to Land Titles, and that previous owners of both properties operated under a mutual mistake that the fence marked the boundary.
The court concluded the plaintiffs established open, notorious, and continuous adverse possession for the requisite ten-year period and granted a declaration of ownership, along with nominal damages.
