The applicants sought an order granting them possessory title to a half-acre strip of land adjacent to their property, which was registered to the deceased respondent.
The applicants had mistakenly believed the strip was part of their property since 1978 and had continuously posted 'no trespassing' signs.
The court found that the applicants had established open, notorious, continuous, and exclusive possession for over 10 years prior to the land's conversion to the Land Titles system in 2000.
The court applied the mutual mistake exception to the inconsistent use requirement and granted the application, vesting title in the applicants.