What are the cases in which the claimant had no knowledge of the title of the owner?
Alberta, Canada
The following excerpt is from Lutz v. Kawa, 1980 ABCA 112 (CanLII):
The remainder of the Canadian cases cited by the learned trial judge are cases in which the claimant had knowledge of the title of the owner. In sherren v. Pearson (supra) for example the lands claimed were wild unfenced lands and the possession claimed was by isolated acts of trespass. When the judgment speaks therefore of dispossession of the actual ov/ner it does so in analyzing the type of possession required. It does not lay down any rule that in all cases the only way to show possession is to prove an intent to exclude a known true owner.
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