Facts
- Farm land was sold to a purchaser, the defendant, but included a parcel of land which was not intended to form part of the transaction
- The claimant built a barn on the disputed parcel of land
Issue
- Could the claimant have the register corrected to reflect the mistake?
Decision
- Yes
Reasoning
- The claimant had been in actual occupation by virtue of the building of the barn of the land such that his interest took priority over that of the defendant
- This resulted in a right to have the register corrected
