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.

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