The appellants appealed a decision dismissing their claim for fee simple title to a disputed property based on adverse possession.
The appellants had occupied the land and built a cottage under a 40-year written agreement with the respondent's father, paying an annual fee and property taxes.
The Court of Appeal upheld the trial judge's finding that the appellants' occupation was by permission, not adverse, open, and notorious possession with the intent to exclude the owner.
The appeal was dismissed.
