Adverse possession and possessory title

A buyer of land used by another party for years may hear that the user has a claim. Whether that claim can succeed depends in part on whether the land is registered under a land titles statute. This entry covers Ontario and British Columbia only. See how to check title and liens.

Ontario

Under the Land Titles Act, s. 51(1), despite the Real Property Limitations Act or any other Act, no title or interest in land registered under the Act that is adverse to or in derogation of the registered owner’s title is acquired by any length of possession or by prescription. Section 36(1) allows an applicant for first registration who is entitled by length of possession to be registered with a possessory title. Section 51(2) preserves an adverse claim of a person who was in possession when a first owner with a possessory title only was registered.

British Columbia

Under the Land Title Act, s. 23(3), after an indefeasible title is registered, an adverse title is not acquired by length of possession. Section 23(4) makes the first indefeasible title void against a person adversely in actual possession and rightly entitled when registration was applied for, who continues in possession. Under s. 171, an application founded on adverse possession must not be accepted unless the Act permits it and a declaration under the Land Title Inquiry Act supports it. See also overriding interests.