The plaintiff brought a motion for partial summary judgment seeking declarations of possessory title over a strip of land between her property and the defendant's property, based on adverse possession.
The plaintiff argued that her predecessors in title had exclusively occupied and maintained the strip for over 29 years before the properties were converted to the Land Titles system in 1992.
The court found no genuine issue requiring a trial, as the uncontradicted evidence established the requisite open, notorious, continuous, and exclusive possession by the plaintiff's predecessors.
The court granted the declarations of possessory title and issued mandatory orders and a permanent injunction requiring the defendant to remove a newly constructed fence and refrain from further trespassing on the strip.
