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ADVERSE POSSESSION - Crown lands - Required elements - Adverse possession - Continuous - Successive occupants

Thursday, March 02, 2017 @ 8:50 AM  

Appeal by the City of Nelson (City) from two judgments of the British Columbia Court of Appeal setting aside two decisions dismissing the Mowatts’ proceedings related to a parcel of land located in Nelson, British Columbia. While the Mowatts took possession of the disputed lot in 1992, their claim rested upon what they said was continuous adverse possession thereof by three families in succession, beginning in the early 20th century. To enforce that claim, the Mowatts brought two proceedings: an action for a declaration that the...