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Real Estate

What is adverse possession in British Columbia and does it exist?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

This answer covers the law of British Columbia.

Adverse possession, where long use of someone else's land can turn into ownership, is largely barred in British Columbia. Except as specifically provided by the Limitation Act or another Act, no right or title in or to land may be acquired by adverse possession. For land with registered indefeasible title, a title adverse to the registered owner's is not acquired by length of possession.

The same applies to long use of a neighbour's strip: prescription was abolished, so it does not create a prescriptive easement. An exception is that the Limitation Act does not interfere with rights to land acquired by adverse possession before July 1, 1975. If a building or fence crosses the boundary, the Supreme Court can declare an easement, vest title in the encroaching owner on payment of compensation, or order removal.

The Limitation Act does not apply to a claim for possession of land by a person dispossessed in circumstances amounting to trespass, so the 2-year period does not bar it. A survey showing the encroachment is the foundation of a court application. Your situation depends on the facts, including whether the land is registered, so speak with a lawyer.

Key takeaways

  • Except as specifically provided by the Limitation Act or another Act, no right or title to land may be acquired by adverse possession.
  • Once an indefeasible title is registered, a title adverse to the registered owner's is not acquired by length of possession.
  • Long use of a neighbour's strip does not create a prescriptive easement, because title by prescription was abolished.
  • If a building or fence crosses the boundary, the Supreme Court can declare an easement, vest title with compensation, or order removal.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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