What is the effect of a misapprehension as to where the common dividing line between two properties was?
British Columbia, Canada
The following excerpt is from Phillips v. Keefe, 2012 BCCA 123 (CanLII):
Later, referring to Canadian Pacific Railway v. Turta, 1954 CanLII 58 (SCC), [1954] S.C.R. 427, he said at para 74: These two men may have been under a misapprehension as to where the common dividing line between the two properties was, but the misapprehension extended only to the physical location of the boundary on the ground, not as to any problem with the description in the title.
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