Can a Neighbour Claim Your Land by Adverse Possession in Alberta?

You may have heard of "squatter's rights", the idea that a neighbour who uses part of your land for long enough can end up owning it. If a neighbour's fence, shed or garden has crept over the line, or you have been using a strip that belongs to someone else, it is natural to wonder where you stand.

In Alberta the answer has changed. This article explains what the law now says about adverse possession, how your title is protected, and what the court can still do when something sits on the wrong side of a boundary.

This article covers the law of Alberta.

Adverse possession has been abolished

Adverse possession is the old idea that long, open use of someone else's land could eventually give the user title to it. Alberta's Law of Property Act now provides that no right or title in or to land may be acquired or deemed to be acquired by adverse possession.

The change goes further than ownership. The 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, years of use alone do not create a right to keep using someone's land.

The Limitations Act backs this up. 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. A landowner does not lose the right to ask for their land back simply because time has passed.

Older information may be out of date

Older articles and guides may describe a route to title through adverse possession, but the Law of Property Act now provides that no right or title in or to land may be acquired or deemed to be acquired by adverse possession. That description is out of date and should not be relied on.

There is a transition rule. Remedial actions that were commenced under the former section 69 and not concluded before the Property Rights Statutes Amendment Act, 2022 came into force continue as if section 69.1 were not in force. If a claim like that was already underway, the old law may still apply to it, so it is worth confirming with a lawyer how it is affected.

Your certificate of title is strong protection

Under the Land Titles Act, a certificate of title is conclusive proof in all courts of ownership. There are exceptions for fraud in which the owner participated or colluded, and for land included by a wrong description of boundaries.

That second exception is why boundary descriptions matter. If you think your title describes the land incorrectly, or a neighbour says theirs does, it is worth getting legal advice early.

When a neighbour's building or improvement is on your land

Abolishing adverse possession does not leave encroachments without a remedy. Under section 69(3) of the Law of Property Act, where a building encroaches on adjoining land, the Court may order the encroachment removed or abandoned, an easement given, or the building owner to acquire the encroached land.

For improvements made on the wrong land, section 69(2) lets the court order removal, an easement, acquisition of the land, or compensation by the registered owner for the added value, having regard to what is just in all the circumstances. The court may also find that the claimant does not have to prove their belief that the land was their own, when it considers that just.

• Removal or abandonment of the encroachment.
• An easement allowing the structure to stay.
• Transfer of the encroached land to the building owner.
• Compensation for added value, for improvements on wrong land.

Fences, surveys and what to do next

Fence disputes are separate from title. If neighbours disagree on where a line fence belongs, each appoints an arbitrator under the Line Fence Act, but the decision does not affect title to the land on either side. Those fence rules apply only to the extent a fence is designed to keep livestock out of a neighbour's land.

If the dispute comes from a possible survey error, the Director of Surveys investigates where written notice says the position of a corner or boundary is in question because of an alleged error in a survey. A party may appeal a Board order to the Court of King's Bench within 30 days.

• Get a copy of your certificate of title and any survey you have.
• Write down what is on the land, who built it and when.
• Keep records of talks with your neighbour.
• Do not rely on advice that mentions a 10-year route to title.
• Speak to a lawyer before removing a structure or agreeing to a boundary.

Frequently asked questions