Deeds and Ownership
How long does it take in Ontario Canada to claim under property common law adverse possession?
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Asked in Adverse Possession, Oregon, Ontario
What is the time line for adverse possession in Ontario?
Adverse possession is more complicated in Canada than in the US, has a different legal effect and it is not common. Generally, the claimant doesn't gain title to the property but the owner loses the right to sue after 10 years and the squatter only gets to occupy the land. They do not acquire any title. For that reason some think it should be more accurately called adverse occupation. The limit for prescriptive rights (personal, as in a right of way) is 20 years. Also, there are several overlapping statutes that apply and conflict in some cases. It takes occupation for 60 years to gain the right to occupy "Crown Lands". Adverse possession is rarely accomplished by deliberate encroachment. Rather, an adverse possessor must have acted in the belief that he or she owns the land. In Ontario, there are several statutes which apply: Limitations Act. R.S.O. 1990, c. L-15 (see s.15 and s.3) Land Titles Act. R.S.O. 1990, c. C.6, s. 3. Certification of Titles Act. R.S.O. 1990, c. C-6, s. 4(2) Ontario maintains two separate paper based systems for recording owners of land: the Registry System and the Land Titles System. Land registered in the Land Titles system is immune from adverse possession. In order to be vulnerable to an adverse possession claim the property must be in the Registry system. Over the last few years, there has been an official program in Ontario to convert all land registration to the Land Titles System under an electronic program called POLARIS ( Province of Ontario Land Registration and Information System). During the conversion process, the 'old' paper registry records are converted to an electronic system. As land is entered to the Land Titles System, any existing disputes are addressed, the clock for adverse possession stops running and future claims of adverse possession are barred. As time passes claims for adverse possession will diminish and eventually disappear. The court of jurisdiction for matters concenring adverse possession is the Superior Court of Justice.
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Eastern Conference (with city, province, and country in parenthesis): Barrie Colts (Barrie, Ontario, Canada) Belleville Bulls (Belleville, Ontario, Canada) Kingston Frontenacs (Kingston, Ontario, Canada) Mississauga Steelheads (Mississauga, Ontario, Canada) Niagara IceDogs (St. Catharines, Ontario, Canada) North Bay Battalion (North Bay, Ontario, Canada) Oshawa Generals (Oshawa, Ontario, Canada) Ottawa 67's (Ottawa, Ontario, Canada) Peterborough Petes (Peterborough, Ontario, Canada) Sudbury Wolves (Sudbury, Ontario, Canada) Western Conference (city, province/state, country): Erie Otters (Erie, Pennsylvania, USA) Guelph Storm (Guelph, Ontario, Canada) Kitchener Rangers (Kitchener, Ontario, Canada) London Knights (London, Ontario, Canada) Owen Sound Attack (Owen Sound, Ontario, Canada) Plymouth Whalers (Plymouth Charter Township, Michigan, USA) Saginaw Spirit (Saginaw, Michigan, USA) Sarnia Sting (Sarnia, Ontario, Canada) Sault Ste. Marie Greyhounds (Sault Ste. Marie, Ontario, Canada) Windsor Spitfires (Windsor, Ontario, Canada) For more information, visit the related links below.