This action concerned a boundary dispute where the plaintiff claimed ownership of an 8-foot strip of land by adverse possession.
The properties were converted to the land titles system on June 16, 2003, requiring the plaintiff to prove 10 years of adverse possession by her predecessors in title prior to that date.
The court found insufficient evidence of open, notorious, constant, continuous, peaceful, and exclusive possession by the plaintiff's predecessors.
Crucially, the existence of a wooden fence built by a predecessor on the surveyed lot line, rather than the informal 'paddock fence' relied upon by the plaintiff, indicated knowledge of the true boundary.
The plaintiff's claim for adverse possession was dismissed with costs.
