To succeed on a claim for adverse possession , a claimant must establish possession that is open, notorious, constant, peaceful and exclusive of the right of the true owner throughout a ten-year period. The claimant must prove : (i) actual possession of the land in issue; (ii) an intention to exclude the true owner from possession of their land; and (iii) effective exclusion of the true owner from possession of their land. The ten-year period of possession must have occurred entirely before the land was placed under the land titles system. Adverse possession cannot arise after that time but is preserved if already acquired. For adverse possession, the element of adversity means that the claimant is in possession without the permission of the true owner. *
William Poulos, Barrister
* This blog is not a substitute for legal advice. Should you require advice, a lawyer should be consulted to advise on the specific circumstances of your case.