The respondents sought and obtained an order for adverse possession of a 1.6-acre triangular parcel of land abutting a farm property owned by the appellant.
The application judge found that all elements of adverse possession were satisfied based on evidence that the Slak family had occupied and improved the land from 1979 onwards, establishing actual possession, intention to exclude the true owner, and effective exclusion.
The appellant appealed on multiple grounds, challenging the sufficiency of evidence, the adequacy of reasons, and the demarcation of the boundary.
The Court of Appeal upheld the decision, finding that the evidence supported all findings, the reasons were adequate for appellate review, and the boundary demarcation using a line of trees was appropriate to the facts.
