The Fence Between Bonnie And Amanda s Property - 1869 Words

The issues generated in consideration of the contested property line between Bonnie and Amanda’s property include: i) Conventional boundaries: Does the fence between Bonnie and Amanda’s house constitute a conventional boundary? ii) Improvements by Mistake of Title: Whether the improvements made by Bonnie constitute an entitlement to the land. i) Conventional Boundaries In circumstances where the true location of a boundary is unascertainable, the conventional line doctrine provides abutting property owners the ability to create one. After a conventional boundary has been legitimately established, Robertson v. Alberta provides that the property owners maintain the security to rely on the boundary to lawfully develop the land under the†¦show more content†¦In fact, the previous Kardashian owners assumed that the fence was an accurate indication of the property line, which they thought was located directly between the houses and therefore never attempted to ascertain the actual location of the boundary. If the uncertainty of the boundary was never acknowledged, the principles found in Bea v. Robinson finds that a conventional boundary could not be existing because was no attempt to ascertain the actual boundary. Bea v. Robinson states that this attempt is a mandatory element in the foundation of a conventional boundary. Even in the presence o f strong evidence that the boundary was agreed upon and treated as a boundary, it seems likely that the test for conventional boundaries must fail in consideration of the fact that the surveyor Amanda hired was able to ascertain the true boundaries which were not consistent with that of the fence. If the doctrine of conventional lines fails, the â€Å"foundational principle† (lecture) of estoppel provides no security for Bonnie in the reliance on the boundary to build. ii) Improvements by Mistake of Title Under the conditions that a person genuinely believes land is their own and is mistaken, statue law provides an equitable remedy when individuals have invested in â€Å"lasting improvements† to the land. The Improvements Under Mistake of Title Act, R.S.S. (1978)