What is the test for establishing a conventional boundary between a house and a neighbouring home?

British Columbia, Canada

The following excerpt is from Flello v. Baird, 1999 BCCA 244 (CanLII):

19. A similar circumstance and result can be found in Grasset v. Carter, 1884 CanLII 5 (SCC), [1883] 10 S.C.R. 105 where the court invoked the concept of a conventional boundary to enforce the equity that arose in favour of a party who built to a boundary previously agreed upon with his neighbour. Ritchie C.J. commented as follows, at page 110: . . . where there may be a doubt as to the exact true dividing line of two lots, and the parties meet together and then and there determine and agree on a line as being the dividing line of the two lots, and, upon the strength of that agreement and determination, and fixing of a conventional boundary, one of the parties builds to that line, the other party is estopped from denying that that is the true dividing line between the two properties.

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