Background:
Charlene Barnabe and Dustin Andre Anthony Robert owned adjacent properties in Saint Jean Baptiste, Manitoba. Due to conflicting historical and official property surveys, part of Barnabe’s driveway and garage encroached on Robert’s land. Initially amicable, their relationship deteriorated in 2021, leading to legal action.

Legal Issues:
Barnabe applied under Sections 27 and 28 of The Law of Property Act (C.C.S.M. c. L90) for either:

1. A declaration of an easement over Robert’s property, or
2. Vesting of title to the encroached land, with compensation to Robert.

Robert opposed and demanded removal of the encroachment.

Court’s Analysis:
The court determined that Section 28 (encroachment), rather than Section 27 (improvements under mistake of title), applied. Key factors included:

• Both parties mistakenly believed the driveway and garage were on Barnabe’s land.
• Removing and rebuilding the structures would cost $79,600, disproportionately affecting Barnabe.
• The actual loss to Robert’s land value was $2,000.

Decision and Compensation:
The court granted Barnabe’s application and ordered vesting of title or, if infeasible, an easement. Barnabe was required to pay $3,000 to Robert, cover survey/land title fees, and contribute up to $750 for fence modifications. No past-use payment or legal costs were awarded.