Background

Harmur Investments Ltd. (“Harmur”) sought a vesting order claiming adverse possession of two parcels on Pearce’s land:

• The Triangle (485 sq. meters) – contains a driveway to Harmur’s property.
• The Boathouse Parcel (80 sq. meters) – adjacent to Harmur’s boathouse.

A crooked wire fence historically marked the disputed areas, contributing to ownership confusion.

Legal Principles Applied

To prove adverse possession, a claimant must show:

1. Actual possession for at least 10 years before land transfer to Land Titles (May 11, 1998).
2. Intention to exclude the true owner (unless a mutual mistake existed).
3. Effective exclusion of the legal owner.

Court’s Decision

• The Triangle: Claim denied. The Pearces always knew they owned it. In 1975, Mr. Pearce expressly permitted the Murphys to cross it, negating adverse possession. Pearce’s family occasionally maintained it, undermining claims of exclusion.
• The Boathouse Parcel: Claim granted. The Murphys exclusively used, improved, and maintained it for decades. The Pearces mistakenly believed it was not theirs and never exercised control over it.

Outcome

• Partial success: Harmur Investments Ltd. won ownership of the Boathouse Parcel but lost its claim to the Triangle, which remains with Pearce.
• Costs remain undecided.