“Squatters rights,” is a casual term for what Canadian realty law calls Adverse Possession. Adverse possession occurs when someone tries to take control of a piece of land that is owned by someone else, thereby excluding the true owner from the property.
For example, somebody moves into a home that is not theirs, or they put a fence around a portion of land that isn’t theirs. When dealing with adverse possession you must keep in mind how the land is registered to begin with – either via Land Titles System or the more antiquated Registry System. Province keeps track of their land and territory in different ways, however under the Land Titles System (which we have in Ontario), Adverse Possession is not possible or legal -- someone can try to take over a house that is vacant, but they can't take control or ownership over it legally just by moving themselves in, no matter how hard they try.
However, under the Registry System is it possible to obtain adverse possession after a certain amount of time among many other things as set out by that province's property laws. The terms by which someone can take adverse possession over a property are very complicated, but in general terms you must prove:
- you have possessed the land
- you intended to possess the land
- your possession of the land has been without the consent of the owner of the land
- you have possessed the land for the requisite time period
Usually the minimum requisite time period is 10 to 12 years for a squatter to be on the land, in some circumstances the time period can be significantly longer.
As always, it’s best to consult a lawyer if you are worried that someone is trying to take control of your property – and same goes for the vacant house owner. Good luck!
I don't know how he did it, but when I was younger, my father allowed our neighbor to use our laneway to park his car in his back yard.(he had no other access. After a ceriain number of years he filed some kind of clain and we could not park a car in our own lane because it restricted his access.
Posted by: Smokie | 08/11/2011 at 09:14 AM
lol that is not intirely true a squattter can aplly for a alodial title from the head of state , which is the governor general and if approved the land becomes theirs . no matter who currently owns the land, and cannot be levyed in any manor
Posted by: dan | 08/11/2011 at 09:29 AM
Those laws should be abolished.
There's a lot of evil and lazy people around that will stoop real low to take away properties that other people have worked so hard for. It's a crime for sure and lets get the laws changed.
Posted by: Anna | 08/11/2011 at 10:19 AM
Sean... I'm right there with you on that one Buddy. It'll be a cold day in Hell before I let some lazy good for nothing bum try to lay claim to something that I rightfully own and leave in one piece!
Posted by: Amy | 08/11/2011 at 11:04 AM
I owned a house that used to be part of a family of two homes on several acres of land that was eventually severed into two properties. Where the bushes and trees were planted in the backyard was not the legal property division. It was actually 5 feet in front of the bushes and trees. The fact that for 16 years, I was cutting and fertilizing and taking care of this extra piece of property that actually belonged to the other owner meant that I could have applied for, and eventually won title for that extra land. I didn't, but I was told I could have.
Posted by: mom | 08/11/2011 at 05:59 PM
Translation of Dan's remarks please.
Posted by: doc JWH | 08/11/2011 at 07:42 PM
Bit of advice to people that are buying a house/Condo/Apt with a Mutual Drivway...DONT..DONT..Do not buy it, Be it ever so Humble .OWN your own Garage/ Driveway/Parking situation..OWN IT ..problems with Parking has ruined friendships broken marriages.Caused havoc in families..If your vehicle is in anyway causing parking problems for you ..Well outside of divorce or death..Parking delemas has caused more GRIEF and sleepless nights than anything else..
Posted by: irish | 08/11/2011 at 07:59 PM
If an indian claiming land rights that most of canada called good for nothing lazy bums not unlike the canadian senate and some aspects of the rich aristocracy and some unknown business/gov parts of the mainstay economy; then there are decent odds on this one.
Plus vacant means hard working owner disappeared and forgot about it like in Haita after the superquake/hurricane in which we as canadians did not have to bother bailing out in first place. Why? Same argument.
Realestate agents are not much better deep down if though thru.
Do not know correct answers to these big questions as the whys to all this past this point.
Posted by: Realestate Meltdown | 08/12/2011 at 02:44 AM
@doc JWH: I always enjoy a clever remark about someone's poorly written comment, and yours made my orange juice come out of my nose!! Good one!!
Posted by: dlw | 08/13/2011 at 12:14 PM
Realestate Meltdown, were you drunk when you wrote this comment? I have no idea what the hell you are talking about.
Posted by: Rob | 08/13/2011 at 12:16 PM
BTW it appears that Dan is also posting under the moniker "Realestate Meltdown"!!
Posted by: dlw | 08/13/2011 at 12:17 PM
I don't believe this!!!!
Just when I didn't think CANADA OR CANADIANS COULD POSSIBLY BE ANY DUMBER OR BRAIN DEAD!
Funny, I was just saying the other day that soon all these foreigners who keep coming here will be able to just wander onto our properties and into our homes and kick us out- as well as out of our own country and now I find this is actually possible.
Posted by: Jill | 08/13/2011 at 12:41 PM
Have no fear, Realestate Meltdown will have to answer to himself or herself...Blah,Blah,Blah...
Posted by: Lazarus | 08/13/2011 at 12:46 PM
a "realtors" opinion should not be taken seriously on a subject such as squatters rights. realtors use their school credentials (which dont mean much) to sell homes for PROFIT. big deal. for some reason everyone still thinks we need jobs to be happy.
on SQUATTING: yes the rules are different province-to-province but every man also has the right to his own piece of land in his sovereign country . without paying a dime.
its a humans right under natural law. think about why you are giving up your rights to be part of a government society.
we could all live happy if we didnt pay over 80% of every dollar we ever make to TAXES. become a sovereign and claim your rights. get your home and drive your car without a"license"
Posted by: Jake | 08/13/2011 at 12:50 PM
I understand both sides of the story when it comes to squatters rights. I would hate to work hard and buy property just to have it taken over by squatters that were disrespectful or on drugs/alcohol. But if there is a section of abandoned wearhouses for example owned by a large company that dosent nessicarily need the property, and people take it over to make into living spaces. People who perhaps have come on hard times, or families who had the providers lose there jobs and cant afford rent. I think that in that situation, the wearhouses should be transformed into houseing units and if not passed into the possesion of the squatters at least available as temporary housing until people get their feet back under them. So to speak.
Posted by: Kelsey Rene | 08/13/2011 at 12:52 PM
Dan, Realestate Meltdown and Jill must be siblings...have been wandering Earth longer than me...
Posted by: Lazarus | 08/13/2011 at 12:56 PM
to da idiot who likes to slam CANADIANS, UP YERS"A" U MUST BE A KRAKHEAD.OR A HILLBILLY?
Posted by: JOHN "B" | 08/13/2011 at 01:07 PM
Holy Crow! Now, John "B" have started a Squatters War...Emily isn't this great?
Posted by: JC | 08/13/2011 at 01:15 PM
i am more concerned about the implementation of 'native title' then i am of 'squatters rights'. in bc our esteemed former premier just signed over all crown land to 30 corporations (owned by the native groups)and each will have control over development and rewards of resources in their regions, there will be 30 different sets of laws, each region will have their own way of dealing. all rights of the land owner (like myself and the hundreds of thousands living in bc)will be secondary to those who have native land claim. you can oust a squatter but no one will touch a native who is extending their 'rights'. time to look for deeper stories instead of focusing on fluff.
Posted by: korie | 08/13/2011 at 01:51 PM
squatters have more rights than the people who work a honest days work too afford houses. I had a squatter in my rental home, I tried to get him out and even took him to court to get him out. I was told I was the jerk for doing this from the courts and he could stay another 2 months before getting out of my unit. In that time he just about bankrupted me. I paid the morgage, hydro so he could live there and pay nothing so my credit didn't suffer. I do not feel sorry for these people. Get a job like the rest of us honest people. If its not yours you can't be there. Its a shame the courts don't see it that way.
Posted by: scott | 08/13/2011 at 01:54 PM
Nobody in our area has serveys on their properties. My neighbour said the tree line is the dividing line. The township said the line runs right through our tilebed! So who's right? The is 50 feet between the neighbours and us that is not being trimmed :) Who does it belong too? Who cares! We aren't fighing over it.
Posted by: Home owner | 08/13/2011 at 01:59 PM
Any First Nation in North America can tell you the results of squatting. My First Nation grandfather left his farmhouse to go to work and when he came back it had been deliberately burned to the ground and was being claimed by the new white owners. They didn't pay one dime, no authority stepped in to help, and to this day our family lands are being used by thieves with the full support of government. Every person of European descent is a squatter or land thief but there's no guilt about that, or any thought of paying any money to the families that are now left without the ability to even buy property on their own territories. How would anyone feel today if my family went back there, burned out the current owners, and callously turned out women and children to make do with whatever they could scrape together? I bet every authority that could be mustered would be present with pointing fingers and a free ride to jail arranged for my whole clan.
Posted by: L Tedford | 08/13/2011 at 02:11 PM
You "First Nations" people are hilarious... GET OVER IT ALREADY.
Canada DOES NOT belong to you!
Posted by: Vindicator | 08/13/2011 at 02:37 PM
Why bother with rental or condo realestate anyway, it's just another scheme to avoid "real hard labour" that the rich and nouvoux rich want to avoid at all costs. Easy to say, hard to do yourselves.
Plus a part of yourselve would love to get away with what the other is doing if so needed and these paradoxes can be prevented if more prodent in deciciding how these things begin beforehand.
Posted by: Keshain Signthon | 08/13/2011 at 02:48 PM
Hi.Mr Tedford what I dont get and probably never will is that the "natives"
walked across a land bridge and we came in boats when that bridge was gone.Whats the difference.
My arguement is this is canada BE a canadian and go to work regardless of what ancestry we are from.
earn what it is you want to have is the proper way.
Posted by: jim | 08/13/2011 at 02:49 PM