Is there any other means of access to the Marina Strip that would have required trespassing over other Friday Harbour land?
Ontario, Canada
The following excerpt is from Friday Harbour Village Inc. v. 2138746 Ontario Inc., 2018 ONCA 1047 (CanLII):
The other means of access to the Marina Strip relied upon by 213 to oppose the adverse possession finding are irrelevant. 213 cannot rely upon means of access that would have required trespassing over other Friday Harbour land to defeat Friday Harbour’s adverse possession claim. Nor does the fact that during the relevant time it was possible to climb over the gate or use water access defeat the claim. What is relevant is whether the titled owner was able to access the disputed land in the ordinary manner: Marshall v. Taylor, [1895] 1 Ch. 641 (Eng. C.A.), at p. 645.
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