Location: Ontario - Milbrook
Submitted 06/05/08 06:31 AM

Q. What is the adverse possession law in Ontario Canada? How many years must someone occupy a property openly and unchallenged before they can ask the court for a title? Thank you

 

Answer #1
Submitted 06/05/08 07:30 AM
Jim Lee, Portsmouth NH Realtor, Portsmouth, NH (RE/MAX By The Bay): Real Estate Agent in Portsmouth, NH Jim Lee, Portsmouth NH Realtor, Portsmouth, NH (RE/MAX By The Bay)
Real Estate Agent
Portsmouth, NH

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A.

Adverse possession is a very complicated legal doctrine. You would be best served by consulting with a legal professional in the area you live.

The following will give you some general guidelines but do not rely on any of it.

http://www.expertlaw.com/library/real_estate/adverse_possession.html

Non-member response
Submitted 06/05/08 10:23 AM Does any Ontario law firm have this answer please? I found one reference online which stated 10 years, and another at 20 years. I can not find any other references on this.

Answer #2
Submitted 06/06/08 12:22 PM
Anthon Pang, Broker, e-PRO, SRES (Right At Home Realty Inc., Brokerage): Real Estate Agent in Mississauga, ON Anthon Pang, Broker, e-PRO, SRES (Right At Home Realty Inc., Brokerage)
Real Estate Agent
Mississauga, ON

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A.

You should consult a real estate lawyer, especially if this involves Crown land.

Generally, 10 years is the statutory limit (under the Limitations Act).  But the squatter's time runs out if the property is (or has been) converted to the Land Titles system (i.e., under the Land Titles Act).

Answer #3
Submitted 06/09/08 10:29 PM
Debbie Herman, Residential Real Estate (Weichert Realtors): Real Estate Agent in New City, NY Debbie Herman, Residential Real Estate (Weichert Realtors)
Real Estate Agent
New City, NY

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A.

I think it's 10 years

Answer #4
Submitted 06/17/08 08:37 PM
Brian Madigan, LL.B., Broker (RE/MAX West Realty Inc., Brokerage (Toronto)): Commercial Real Estate Agent in Toronto, ON Brian Madigan, LL.B., Broker (RE/MAX West Realty Inc., Brokerage (Toronto))
Commercial Real Estate Agent
Toronto, ON

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A.

In Ontario the key time period is 10 years. You have to demonstrate absolute, continuous, uninterrupted, open use during a period of 10 years.

The property must be in the Registry system, not Land Titles.

The limit for prescriptive rights (personal, as in a right of way) is 20 years.

The appropriate court is the Superior Court of Justice for a Order confirming ownership.


Brian Madigan LL.B. (Sales Representative)
Coldwell Banker Innovators Realty (Brokerage)
(905) 796-8888

http://ontariorealestatesource.blogspot.com/ (blog)

http://www.OntarioRealEstateSource.com (web)

 

Answer #5
Submitted 08/06/08 03:57 PM
Mauricio Navarro (LowMortgage.net): Mortgage and Lending in Miami, FL Mauricio Navarro (LowMortgage.net)
Mortgage and Lending
Miami, FL

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A.

The time line for adverse possession in Ontario is 10 years of open, continuous, exclusive use - commencing once the user has satisfied the 3 tests of possesory title...

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Non-member response
Submitted 08/06/08 09:31 PM Thankyou for your response. What are the 3 tests of possesory title?

Non-member response
Submitted 08/06/08 09:41 PM as I understand it: "Under the Limitations Act in Ontario, an owner's title to land can be lost if another person is in possession of it for a period of 10 years. During that time, the person claiming the disputed land must meet three conditions: 1. They must have had actual exclusive, open, and visible possession. 2. Had the intention to exclude the true owner from possession. 3. and effectively excluded the true owner from possession." Does this apply to Properties under the Land Title system? Thank you for your responses

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