Background:
The plaintiffs brought a property dispute against the defendants over encroachments involving a shed roofline and a fire pit on the defendants' property in Squamish, B.C.

Legal Issues:
The plaintiffs sought:

1. A vesting order or easement under s. 36 of the Property Law Act (B.C.).
2. Relief based on proprietary estoppel, claiming their belief in ownership was reasonable due to the defendants’ silence.
3. Damages for nuisance due to alleged disruptive conduct by Ms. Stearman.

The defendants counterclaimed for trespass and nuisance and sought removal of the encroachments.

Court’s Findings:

• The fire pit did not qualify as a “building” or “fence” under s. 36. The shed roofline encroachment was minor but could be removed at minimal cost.
• The defendants were unaware of the encroachments and made no representations to the plaintiffs; proprietary estoppel did not apply.
• Ms. Stearman’s behavior near the boundary line constituted nuisance, warranting $750 in damages to the plaintiffs.

Costs and Awards:

• The defendants succeeded on the primary property issues and tentatively recovered 85% of their costs.
• The plaintiffs were awarded $750 in damages for nuisance.

The court dismissed the plaintiffs’ property claims and the defendants’ counterclaims for trespass and nuisance. The certificate of pending litigation was ordered removed.