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Apr 28, 2021 · The Ontario Superior Court recently clarified what is required to establish adverse possession over a parcel of land. Often referred to as “squatter’s rights”, adverse possession is a concept that allows a party to gain legal ownership of land which it does not actually own.
Adverse possession, sometimes colloquially described as "squatter's rights", [dubious – discuss] is a legal principle in common law under which a person who does not have legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous possession or occupation of the property without the ...
Sep 29, 2023 · Adverse possession is the legal process whereby a non-owner occupant of a piece of land gains title and ownership of that land after a certain period...
Feb 22, 2018 · Adverse possession can give rise to property rights acquired by someone, other than the registered land owner, by virtue of their use or occupation of lands.
To establish adverse possession of certain lands, a claimant must demonstrate that throughout the ten-year adverse possession period, he or she: a) had actual possession of the lands in question; b) had the intention of excluding the true owner from possession; and c) effectively excluded the true owner from possession: Masidon Investments Ltd ...
Disputes over adverse possession can lead to nasty legal battles. Often called “squatter’s rights”, adverse possession is when someone who occupies someone else’s land for an extended period of time, may then actually be able to assert an interest in that land.
Under the Land Title Inquiry Act and the LTA, adverse possession is available if the possession commenced prior to July 1, 1975 and continued adversely for 20 years in the case of land owned by an individual, or 60 years in the case of land owned by the Crown.
Nation, the most recent consideration of adverse possession by the Supreme Court of Canada was more than 20 years ago in Zeitel v. Ellscheid, alternative to a claim to title to an island that had been the subject of mistaken identity in a municipal tax sale.
Sid Troister, East Region Solicitors Conference 9C, 2015 CanLIIDocs 5157.
This Practice Note summarizes the general requirements to establish a claim for adverse possession in Canada. This Note focuses on real property located in Ontario. However, it also compares the law in Ontario with the law in other Canadian jurisdictions.
