What is the hierarchy of evidence considered in the interpretation of a deed?

Nova Scotia, Canada


The following excerpt is from Boutilier v. Rhodes, 2022 NSSC 6 (CanLII):

There are many cases on the interpretation of deeds that refer to a “hierarchy of evidence” to be considered. This hierarchy was considered by our Court of Appeal in Podgorski v. Cook, 2012 NSSC 174. In that case, the applicant sought an order establishing the boundary line between adjacent properties. At trial, the court considered competing survey opinions and a claim of possessory title. The boundary was established as set out in the applicant’s survey. The respondent appealed.

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