Isaac v. Harris

Isaac v. Harris

The hedge comprised multiple border trees/shafts jointly occupying both properties; the Defendant had no unilateral right to destroy them and her removal constituted trespass. The Small Claims Court could not reorder title or adjudicate adverse possession but could award damages and costs caused by the trespass; accordingly limited compensatory damages and survey costs were awarded.

Citation
2018 NSSM 92
Parties
Claimant: Tanya M. Isaac; Defendant: Sarah Harris
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 November 2018
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; Defendant found liable for trespass; damages and costs awarded to Claimant.
Legal Topics
Border Trees, Joint Ownership, Trespass to Land, Survey Evidence, Damages for Trespass, Small Claims Court Jurisdiction, Adverse Possession Exclusion
Source Language
English
Property Law Tort Trespass Boundary Disputes Civil Damages Civil Procedure Border Trees Joint Ownership +5 more

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Parties

Tanya M. Isaac

Claimant

Sarah Harris

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the unilateral removal of a hedge/trees constituted trespass
  2. 2 Whether the hedge/trees were the defendant's property or jointly owned border vegetation
  3. 3 Whether the Small Claims Court could determine boundary/adverse possession

Ratio Decidendi

The hedge comprised multiple border trees/shafts jointly occupying both properties; the Defendant had no unilateral right to destroy them and her removal constituted trespass. The Small Claims Court could not reorder title or adjudicate adverse possession but could award damages and costs caused by the trespass; accordingly limited compensatory damages and survey costs were awarded.

Court Disposition

Claim allowed in part; Defendant found liable for trespass; damages and costs awarded to Claimant.

Orders

  • Award damages to Claimant in the sum of $5,468.00
  • Award costs to Claimant of $199.35 to issue the claim and $500.00 for expert testimony (surveyor); total payable $6,167.35