What is the test for erecting a fence or cutting out a boundary line?

Nova Scotia, Canada


The following excerpt is from Spicer et al. v. Bowater Mersey Paper Co. Ltd., 2003 NSSC 19 (CanLII):

The comments of the court in Sherren v. Pearson make it clear that before a “trespasser” can acquire a valid possessory claim they must leave on the ground some evidence of their action which should come to the attention of an owner who is exercising his own rights of ownership. Thus, erecting a fence or cutting out a boundary line would amount to a “continuous” interruption of the rights of the owner and would serve to connect the entry of a “trespasser” made at various times. It is obviously not required that the trespasser physically remain at all times on the property to which the claim is being made, but his/her intentions to return must be demonstrated.

Other Questions


What is the test for estopped from opposing a line where one party acts upon it and erects a house of expensive fence? (Nova Scotia, Canada)
Is a fence intended to denote a boundary? (Nova Scotia, Canada)
How have the courts in BC dealt with an application by a daughter who unilaterally cut off ties with her father at the age of 16? (Nova Scotia, Canada)
Is a decision by a tribunal unreasonable if there is no line of analysis that could reasonably lead from the evidence before it to the conclusion? (Nova Scotia, Canada)
What is the current state of the law regarding deed interpretation and resolving boundaries? (Nova Scotia, Canada)
Is it negligent misrepresentation if a listing cut inadvertently advertises a house as being nine years old instead of 19 years old? (Nova Scotia, Canada)
Is there any common issues between a plaintiff and plaintiff? (Nova Scotia, Canada)
If the existing jurisprudence on correctness and reasonableness is unfruitful, what are the factors used to determine correctness and correctness? (Nova Scotia, Canada)
What are the costs of a family law practitioner? (Nova Scotia, Canada)
Is there an opportunity cost for representing an unrepresented litigant? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.