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Smith owned a large farm. Part of the farm, which consisted of a woodlot, fronted on an unimproved township road. In 1995, Crockett, a middle-aged

Smith owned a large farm. Part of the farm, which consisted of a woodlot, fronted on an unimproved township road. In 1995, Crockett, a middle-aged bachelor, constructed a small log cabin in the woodlot for use as a fishing and hunting camp, with Smith's permission. For several years Crockett occupied the cabin on weekends, while fishing in the area in the summer months, and for a few weeks in the fall of each year during the hunting season. During the summer of 1998, Crockett took a month's vacation and spent the time at the cabin. He planted a small vegetable garden and constructed a fence around both cabin and garden to keep animals away from his flowers and vegetables. During the hunting season of the same year he cut down a number of small trees and extended the fenced-in area to a parcel of land 23 metres by 30 metres, and he built a gate in the fence where it faced the roadway. Smith noticed the fence and gate shortly after it was constructed and asked Crockett why it was necessary. Crockett replied that the animals in the area were damaging the flowers that he had planted around the cabin, and he felt that the fence would probably keep them out. The next year, Crockett decided to accept early retirement from the firm where he was employed. He spent the period from May 1st to November 30th at the cabin. Crockett planted a vegetable garden, fished, and helped Smith with the planting of his crops and his fall harvest. At the end of November, he left his belongings in the cabin and spent the winter in a warmer climate. He returned to the cabin the next April, only to be met by the local tax assessor, who asked him if the cabin was his. He replied in the affirmative, and, sometime later, received a municipal tax bill issued in his name. He paid the municipal taxes for that year (2000). Crockett continued to live in the cabin, spending only the coldest of the winter months away from the premises. He paid the taxes on the land and building each year. In 2011, he moved the fences to include an area 30 metres by 45 metres in order to enclose a larger vegetable garden. Smith did not object to the new location of the fence, but warned Crockett not to cut down two large hickory nut trees in the enclosed area. Crockett agreed to leave the trees standing. In the summer of 2019, during a thunderstorm, lightning struck and damaged one of the large hickory trees. Without consulting Smith, Crockett cut down the damaged tree. Several months later, Smith noticed that the tree was missing. In a rage, he ordered Crockett from the property. Crockett refused to leave, claiming he was the owner of the parcel of land. Discuss the rights of the parties. Evaluate the arguments and evidence that each might raise if the matter should be brought before the courts to determine the rights of the parties in the land. Does the answer depend on Registry or Land Titles Registration? Render a decision.

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