What is the test for establishing that a fence line stands a strong evidence of intent to exclude?
Ontario, Canada
The following excerpt is from McKay v. Vautour, 2019 ONSC 1312 (CanLII):
Where there is no mutual mistake as to the proper boundary line, the existence of a fence line stands a strong evidence of the intention to exclude, especially where property owners treat the fence as a boundary. See Heng v. Rodriguez, [2015] O.J. No. 1584. The Defendant’s Position
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