Adverse Possession

The Bacher family and the Wang family were neighbours whose property was separated by a fence. The fence had been in existence for 22 years and encroached on the property of Wang. A dispute arose over the encroachment with each party claiming ownership of the encroachment. Wang removed the fence and put up a new fence on the original lot line. Bacher then went to court to claim that she was the owner of the encroachment. Wang brought a counter-application for the same relief. Bacher claimed that she had enjoyed continuous, open and exclusive occupation of the encroachment for 22 years. The court agreed with Bacher saying that she had actual possession of the disputed property for 22 years and the property was used by her and her family for recreational purposes. She never intended for Wang to have any use of the land. The court also held that there was no evidence that the previous owners of Wang's property ever possessed or tried to possess the disputed property. Accordingly Wang was required to remove the new fence at her own expense.