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Top court revisits test for adverse possession

Monday, February 27, 2017 @ 3:13 PM | By Cristin Schmitz

The quality of evidence necessary to establish historic civil claims on the balance of probabilities “must merely be as satisfactory as could reasonably be expected” in all of the circumstances, the Supreme Court said in an adverse possession judgment from B.C. with national impact.

Justice Russell Brown’s 7-0 judgment Feb. 17 overturns two British Columbia Court of Appeal orders last year which would have allowed the respondents, May and Earl Mowatt, to continue to try to obtain legal recognition they have title to a disputed property...