Adverse Possession in Alberta: Can Long Use Give You Land?

Maybe you have mowed, fenced or built on a strip of land that is not on your title. Or maybe a neighbour has been using part of your lot for years. Either way, you may have heard that enough time gives the user ownership. That idea is called adverse possession.

In Alberta, the rules have changed and the answer is now much narrower than older guides suggest. This article explains what the law says today, how title works, and what other routes exist when a boundary or use problem needs sorting out.

This article covers the law of Alberta.

What adverse possession means

Adverse possession is the idea that someone who openly uses land that belongs to another person, for long enough, can end up owning it. Many people picture this as a fixed number of years of use. Older Alberta material describes a route to title through the Land Titles Act, but that is no longer the law.

Today, the Law of Property Act provides that no right or title in or to land may be acquired or deemed to be acquired by adverse possession. The Limitations Act adds that there is no limitation period for a claim to recover possession of real property, and a defendant does not have a defence based on adverse possession.

What the law now bars

The rule goes beyond ownership. The Law of Property Act also bars acquiring an implied licence by use or adverse possession, and it bars acquiring easements or profits a prendre by prescription. In plain words, long use alone does not create a right to keep using someone's land, a right of way, or similar rights.

There is a transition rule. Remedial actions started under the former section 69 and not concluded before the 2022 amending Act came into force continue as if the new section were not in force. If you already have a court case underway, the details matter and a lawyer can confirm how this applies.

• No title by adverse possession.
• No implied licence by use.
• No easement or profit a prendre by prescription.
• No limitation period for a claim to recover possession.

Why the certificate of title matters

Alberta uses a land titles system. A certificate of title is conclusive proof in all courts of ownership, with exceptions for fraud in which the owner participated or colluded, and for land included by a wrong description of boundaries.

That means the register, not how long someone has used a strip of land, is the starting point for who owns it. If you are buying, selling or borrowing against property, it is worth checking that what is on the ground matches what is on title.

Fences, buildings and boundary problems

Many adverse possession questions are really boundary or encroachment problems. Several different tools may apply, depending on the facts.

On encroachment applications, the court may find that a claimant does not have to prove their belief that the land was their own, when it considers that just. Surveys are made under the supervision of an Alberta land surveyor.

What to do next

• Get a copy of your current certificate of title and any plan or survey.
• Note what is on the ground: fences, sheds, driveways, landscaping and how long they have been there.
• Do not assume years of use gives you rights; talk to a lawyer before building or spending money on disputed land.
• If a boundary is uncertain, ask an Alberta land surveyor what the evidence shows.
• Keep written records of conversations and agreements with the neighbour.
• Consider a written agreement with your neighbour, and have a lawyer review it, because rights in land are tied to the title.

Frequently asked questions