What is the test for establishing a conventional boundary between a house and a neighbouring home?
British Columbia, Canada
The following excerpt is from Flello v. Baird, 1999 BCCA 244 (CanLII):
19. A similar circumstance and result can be found in Grasset v. Carter, 1884 CanLII 5 (SCC), [1883] 10 S.C.R. 105 where the court invoked the concept of a conventional boundary to enforce the equity that arose in favour of a party who built to a boundary previously agreed upon with his neighbour. Ritchie C.J. commented as follows, at page 110: . . . where there may be a doubt as to the exact true dividing line of two lots, and the parties meet together and then and there determine and agree on a line as being the dividing line of the two lots, and, upon the strength of that agreement and determination, and fixing of a conventional boundary, one of the parties builds to that line, the other party is estopped from denying that that is the true dividing line between the two properties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a neighbour's right to maintain their view of the view of their neighbour in front of their house? (British Columbia, Canada)
What is the legal test for establishing that a person is entitled to an inquiry into the maintenance and support of the applicant's home? (British Columbia, Canada)
Does a relationship between a brokerage house and a former client of the brokerage house constitute conversion? (British Columbia, Canada)
What is the test for determining whether a member of a housing cooperative has a valid claim under the BC Housing Act? (British Columbia, Canada)
What is the test for establishing that identification evidence is sufficient to establish prima facie case? (British Columbia, Canada)
Does a buyer of a new house have an implied warranty of good workmanship and fitness for habitation in the sale of a house to be completed? (British Columbia, Canada)
Is there a duty of care owed to a neighbour to prevent water from leaking from a neighbouring property? (British Columbia, Canada)
Is a neighbour entitled to trim the branches of their neighbour's tree to the extent those branches extend over the property line? (British Columbia, Canada)
Can a police constable walk down the sidewalk at the front of the house far enough to see the house number? (British Columbia, Canada)
Is a sump pump a defect in the construction of a house that causes water to get into the basement of the home? (British Columbia, Canada)
