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Real Property Law - Title - Boundaries - Determination - Surveys

Thursday, November 10, 2016 @ 7:00 PM  

Appeal by Mackenzie from the $8,000 judgment in favour of his neighbour, MacKay, in an action arising from a property line dispute. MacKenzie cut 16 trees near the border of the parties’ respective properties. Mackay obtained a survey to establish the property line, and, dissatisfied with the opinion of surveyor Bernard that the trees lay on MacKenzie’s property, fired Bernard and sought another survey. His second surveyor, Clow, came to a conclusion about the boundary that was favourable to MacKay’s position. MacKenzie then hired Bernard to...