The applicants sought an order under the Conveyancing and Law of Property Act to retain land on which their garage encroached, believing it was their own.
The respondents sought summary judgment dismissing the application, arguing adverse possession was not established and the Act did not apply.
The court found no genuine issue for trial, confirmed no adverse possession, and applied s. 37(1) of the CLPA, granting the applicants the right to retain the encroached land upon payment of fair compensation to the respondents.
