Justin Abernathy was the registered owner of a building lot in a residential area of a large city…

Justin Abernathy was the registered owner of a building lot
in a residential area of a large city. He entered into an agreement of purchase
and sale with Karina Giltay, who wished to build a house on the land. Following
the execution of the agreement, Giltay engaged a land surveyor to prepare a
survey of the property. When the survey was completed, it disclosed that the
building lot had a frontage of only 18.15 metres. The agreement of sale stated
that the lot had “frontage of approximately 18.46 metres and a depth of 38.46
metres, more or less.” Abernathy’s deed described the lot as being 1
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Justin Abernathy was the registered owner of a building lot
in a residential area of a large city. He entered into an agreement of purchase
and sale with Karina Giltay, who wished to build a house on the land. Following
the execution of the agreement, Giltay engaged a land surveyor to prepare a
survey of the property. When the survey was completed, it disclosed that the
building lot had a frontage of only 18.15 metres. The agreement of sale stated
that the lot had “frontage of approximately 18.46 metres and a depth of 38.46
metres, more or less.” Abernathy’s deed described the lot as being 18.46 metres
by 38.46 metres. The discrepancy between the two measurements was apparently
due to the fact that the owner of the adjacent lot had erected a fence that
encroached on Abernathy’s property. The fence had been erected some 15 years
before and was taken by the surveyor as the property line. Determine the rights
of the parties in this case. Indicate how the problem might be decided if
Giltay should refuse to proceed with the agreement.

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