- Under the Land Titles Act, no title or interest in registered land can be acquired against the registered owner by any length of possession, so new adverse possession claims are barred.
- Older Registry system land and possession rights that existed before land titles are treated differently, with a ten-year limit for an action to recover land.
- Which system your land is in, and how long the encroachment has lasted, decides whether a claim is even possible, so check early.
A fence, shed, garden or driveway has sat across a boundary line for years. Now one neighbour wants to sell, build or fix the line, and the other asks whether long use has given them a right to the land. This is where adverse possession comes up.
Ontario's answer depends heavily on which land registration system your property is in. This article explains the main rules in plain words and why a title search and legal advice matter before anyone acts.
What adverse possession means
Adverse possession is the idea that someone who openly occupies another person's land for long enough may gain rights to it, and the owner may lose the right to take it back. It is sometimes called a possessory title claim.
It is not automatic and it is not a casual rule. Courts look closely at the facts of the occupation, and the registration system the land is in can shut the door entirely.
Land Titles land: new claims are barred
Under Land Titles Act s. 51(1), no title or interest in land registered under the Land Titles Act can be acquired against the registered owner by any length of possession or by prescription, so new adverse possession claims are barred.
If your neighbour's property, or yours, is in the Land Titles system, years of encroachment generally do not turn into ownership. That does not mean the encroachment is harmless. You may still face a dispute about removal, use or the boundary, and a lawyer can advise on those.
Registry land and older possession rights
The picture is different for Registry system land and possession rights that existed before land titles. Under the Real Property Limitations Act s. 4 and s. 15, an action to recover land must be brought within ten years, after which the owner's title is extinguished.
Even on land now registered under Land Titles, an older possession right can survive. Land Titles Act s. 44(1) para. 3 keeps title acquired by possession by an adjoining owner as a liability on registered land unless notice was served at first registration.
| Situation | General position |
|---|---|
| Land registered under Land Titles | No title can be acquired against the registered owner by any length of possession |
| Registry system land, or possession rights that pre-date land titles | An action to recover land must be brought within ten years, after which the owner's title is extinguished |
| Adjoining owner's earlier possession on Land Titles land | May remain a liability on the registered land unless notice was served at first registration |
Working out which row applies to a particular parcel, and when any possession began, takes a careful search of the records.
Long use of a path or lane is different
A right of way or similar easement is a use right, not ownership of the land. A right of way or similar easement enjoyed without interruption for 20 years generally cannot be defeated just by showing it started earlier, and 40 years of enjoyment makes it absolute unless it was enjoyed by written consent.
So a neighbour who has long used a laneway may have a claim to keep using it even where they cannot claim ownership. Do not assume that blocking the lane is safe.
If the register is wrong or you lost land
The Director of Titles or a court may rectify the register where a fraudulent instrument was registered on or after October 19, 2006, where a registered instrument would be absolutely void if unregistered, or to correct an error that would deprive someone of land they legally possess.
A person wrongfully deprived of land through fraud or registration error may apply for compensation to the Director of Titles within six years of suffering the loss, and a Hearings Officer decides eligibility and amount.
What to do next
- Get a current survey to show exactly where the encroachment sits.
- Write down how long the structure or use has been there and who allowed it.
- Do not remove or build over disputed items until you have advice.
- Ask a lawyer whether title insurance, a boundary agreement or a court application fits your case.
Frequently asked questions
Can I gain my neighbour's land by using it for many years?
Not if the land is registered under the Land Titles Act. No title or interest in that land can be acquired against the registered owner by any length of possession. Older Registry system land and earlier possession rights are treated differently.
Is there a time limit to take back land from someone occupying it?
For Registry system land and possession rights that existed before land titles, an action to recover land must be brought within ten years, after which the owner's title is extinguished. Which rule applies depends on your property's records.
Is a right of way the same as adverse possession?
No. A right of way is a right to use land, not to own it. One enjoyed without interruption for 20 years generally cannot be defeated just by showing it started earlier, and 40 years' enjoyment makes it absolute unless enjoyed by written consent.
What if I lost land through a registration error?
You may apply for compensation to the Director of Titles within six years of suffering the loss. The register can also be rectified in some situations. Get legal advice promptly.
Sources
- Land Titles Act, R.S.O. 1990, c. L.5 (e-Laws) — Ontario e-Laws
- Real Property Limitations Act, R.S.O. 1990, c. L.15 (e-Laws) — Ontario e-Laws
- Ontario – Compensation for loss: Land Titles Assurance Fund — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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