Grover v. Hayne

Grover v. Hayne

The 'established boundary line' in the deed is the physical blazed line identified by survey and contemporaneous conduct of the grantor; plaintiffs' continuous exclusive possession from 1970 established rights to the disputed land and, alternatively, adverse possession to the present date.

Citation
2001 NSSC 172
Parties
Plaintiff and Defendant by Counterclaim: Douglas Grover; Plaintiff and Defendant by Counterclaim: Dorothy Grover; Defendant and Plaintiff by Counterclaim: David Hayne; Defendant and Plaintiff by Counterclaim: Noreen Hayne
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 November 2001
Procedural Posture
Property/boundary Dispute / Trial Decision
Outcome
Plaintiffs' claim allowed; boundary declared to be the blazed line; plaintiffs awarded costs
Legal Topics
Title, Boundary Lines, Exclusive Possession, Survey Evidence, Costs
Source Language
English
Property Law Real Property Adverse Possession Boundary Dispute Title Boundary Lines Exclusive Possession Survey Evidence +1 more

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Parties

Douglas Grover

Plaintiff and Defendant by Counterclaim

Dorothy Grover

Plaintiff and Defendant by Counterclaim

David Hayne

Defendant and Plaintiff by Counterclaim

Noreen Hayne

Defendant and Plaintiff by Counterclaim

Procedural Posture

Property/boundary Dispute / Trial Decision

Legal Issues

  1. 1 Determination of location of 'established boundary line' described in deed
  2. 2 Whether plaintiffs established title by adverse possession/exclusive possession

Ratio Decidendi

The 'established boundary line' in the deed is the physical blazed line identified by survey and contemporaneous conduct of the grantor; plaintiffs' continuous exclusive possession from 1970 established rights to the disputed land and, alternatively, adverse possession to the present date.

Court Disposition

Plaintiffs' claim allowed; boundary declared to be the blazed line; plaintiffs awarded costs

Orders

  • Boundary between the parties declared to be the blazed line as indicated on the survey sketch of the former Roy and Elva Mason property at Country Harbour Cross Roads, Guysborough County, Nova Scotia
  • Plaintiffs awarded their costs of the action; if parties cannot agree on costs the court will hear submissions