Adjacent cottage owners disputed ownership of a strip of sandy land between their lots and the plaintiffs claimed title by adverse possession or, alternatively, a prescriptive easement.
The defendants moved for summary judgment dismissing the claim and requiring removal of a shed partially constructed on the disputed land.
The court reviewed the requirements for adverse possession, including actual possession, intention to exclude the true owner, and effective exclusion throughout the statutory period, as well as the principles governing summary judgment.
Although the plaintiffs had used the land for recreational activities and occasional structures, the evidence showed the owners of the registered lot were never excluded and also used the land.
The activities relied upon were not sufficiently proprietary to establish exclusive possession before the expiry of the limitation period, and the shed was constructed after the relevant date.
The court also held the evidence could not satisfy the legal requirements for a prescriptive easement.
