Adverse Possession Claims

If you possess land, which you do not formally own through registration then, in certain circumstances, you can claim ownership. An application can be made to the Registrar of Titles at the Land Titles Office to allow you to gain title to this land.

In some circumstances, if you have possessed the land for in excess of 15 years, this may be sufficient to support a claim for adverse possession. However, if the land that you are claiming by way of adverse possession is a road or other easement, you will require proof of 30 years possession.

Generally, where the land is owned by the Crown you are unable to make a claim for adverse possession.

The Land Titles Office usually requires a Plan of Survey to be prepared and supporting Statutory Declarations from disinterested persons to be provided to support your claim. If you believe that you have a valid adverse possession claim, we can assist you.