In what circumstances will a neighbour be denied possession of a hedge over his neighbour's property?
Alberta, Canada
The following excerpt is from Lutz v. Kawa, 1980 ABCA 112 (CanLII):
In Clarke v. Babbitt (1927) S.C.R. 7, the Respondent's predecessor in title placed a hedge between his property and his neighbor's in the belief it was on the boundary. Twelve years later the appellant had a survey taken and discovered an encroachment of some four feet along the whole boundary. Adverse possession of the four feet was held to exist. The judgment does not, however, have an express discussion of the effect, if any, of the ignorance of the parties.
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