What is the test for establishing possessory title to a property?
Ontario, Canada
The following excerpt is from Jamnisek v. The Estate of Gordan A. Wyant, 2021 ONSC 66 (CanLII):
To establish a possessory title, the applicants must demonstrate that they have had actual possession of the subject property for the requisite time. Their acts of possession must have been open, notorious, peaceful, adverse, exclusive, actual, and continuous having regard to the nature of the disputed property: Teis v. Ancaster (Town), 1997 ONCA 1688, at para. 13.
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