The applicants sought adverse possession of a 16-acre parcel lying within adjoining owners' registered boundaries, relying on a fence line, historical cattle pasturing, and seasonal hunting use between 1955 and 1965.
Applying the adverse possession framework under s. 5(1) of the Real Property Limitations Act, the court found open, notorious, and continuous use during the relevant ten-year period, but held the claim failed because the applicants did not prove the use was adverse to the title holder or establish a shared mutual mistake about the boundary.
The court also rejected the submission that a payment under the respondents' title insurance policy affected the merits of the possessory title analysis.
The application was dismissed, the cross-application was granted, the respondents were declared to hold absolute title without restriction, and the applicants were ordered to remove their chattels from the disputed lands at their own cost.
