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Feb 17, 2017

Supreme Court of Canada decision: Adverse Possession

The Supreme Court of Canada released the following decision:

Nelson (City) v. Mowatt, 2017 SCC 8, File No. 36999

(Property — Real property — Adverse possession — Required elements — Successive occupants — Possessors of land alleging that their predecessors acquired title to disputed lot by adverse possession and seeking declaration that they are owners of lot — Chambers judge found gap in evidence for period of four years interrupted continuity of adverse possession — Whether evidence put before chambers judge was sufficient to bridge evidentiary gap — Whether Court of Appeal erred by substituting its own findings of fact for those properly arrived at by chambers judge — Whether inconsistent use requirement forms part of law of British Columbia.)


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