The applicant sought a declaration that the eastern boundary of his property was governed by an 1887 plan of subdivision rather than a conflicting 1888 plan.
The discrepancy created an overlap area.
The court found that the historical fence line, previous surveys, and the parties' use of the properties all aligned with the 1887 plan.
The court granted the declaration, noting that the applicant had also established possessory title through adverse possession of the overlap area prior to the properties' conversion to the Land Titles system.
