- Before deciding how to proceed, it helps to work out what you’re actually dealing with, because the legal path differs depending on the answer:
- Before anything else, check your survey, your legal description, and the parcel register for the property.
- Most Ontario land today is registered under the modern, government-guaranteed Land Titles system; a smaller amount remains under the older Registry system.
You closed on a parcel of vacant land — maybe for future building, a hobby farm, or an investment — and then discovered someone is already using it. Maybe there’s a trailer parked on it, a shed someone built years ago, or a neighbour who’s been treating part of it as their own for as long as anyone can remember.
Finding squatters or unauthorized occupants on land you just bought is unsettling, but Ontario law gives new owners a clear, if sometimes slow, path to sort it out. What matters most is figuring out exactly what kind of occupation you’re dealing with before you decide how to respond.
Why It Matters Who’s Actually There
Before deciding how to proceed, it helps to work out what you’re actually dealing with, because the legal path differs depending on the answer:
| Type of occupant | What it usually means |
|---|---|
| Recent trespasser (weeks or months) | Generally straightforward to ask to leave, with limited legal complexity |
| Long-term occupant claiming a right to stay | May raise an adverse possession-type claim, though this is significantly restricted for land in the Land Titles system |
| Someone who was a tenant of the previous owner | May have separate landlord-tenant rights that survived the sale, depending on the facts |
Step 1: Confirm What You Actually Own
Before anything else, check your survey, your legal description, and the parcel register for the property. Confirm the boundaries, and that the area the occupant is using is actually part of your land, rather than a neighbouring parcel or a public right-of-way.
Step 2: Understand Ontario’s Two Land Registration Systems
Most Ontario land today is registered under the modern, government-guaranteed Land Titles system; a smaller amount remains under the older Registry system. This distinction matters because long-standing occupation claims, sometimes called adverse possession, are treated very differently between the two systems, and are generally far more limited under Land Titles. A lawyer reviewing your specific parcel’s registration history can tell you where you stand — this isn’t something to assume either way based purely on how long someone has apparently been there.
Step 3: Document Everything Before You Act
Photograph the occupation, any structures, vehicles, or improvements on the land, and note how long they appear to have been there. This record matters regardless of which legal path you end up taking.
Step 4: Start With a Formal, Written Request
In most cases, the first step is a clear, written demand that the occupant vacate and remove their belongings by a stated date. This alone resolves many situations, particularly with recent or informal trespassers who have no claim to the land.
Step 5: Escalate Through the Courts If Necessary
If a written request doesn’t work, the next step is typically a court application seeking an order requiring the occupant to vacate. The specific process depends on the nature of the occupation — whether it’s simple trespass, a disputed claim to a right to remain, or something that looks like a landlord-tenant relationship left over from the previous owner. This is a case where the right process matters as much as the right result, and getting it wrong can cost you time you didn’t need to lose.
Step 6: Loop in Your Title Insurer
If you purchased title insurance, check your policy. Some fraud- or possession-related issues discovered after closing may be covered, depending on your specific policy terms and when the occupation began relative to your purchase.
Frequently asked questions
Can I just have the occupants physically removed myself?
No — taking matters into your own hands, such as changing locks with belongings still inside or physically forcing someone off the land, can expose you to liability of your own. Use a formal demand followed by the court process if needed.
Does someone living on my land for years automatically get to keep it?
Not automatically, and it’s far less likely if your land is registered under the Land Titles system, which restricts new adverse possession claims. Whether any claim exists at all depends on the specific facts and history of the parcel — don’t assume either outcome without a lawyer reviewing the title history.
What if the person says the previous owner gave them permission?
That claim needs to be assessed carefully. Depending on what was actually agreed, if anything, and how it was documented, you may be dealing with a trespasser, a holdover tenant, or something in between, and each has a different legal path.
Should I have caught this before closing?
A survey and a thorough title review before purchasing vacant or rural land is the best way to catch signs of occupation early. If you’re buying vacant land now, building that review into your due diligence is worth the time.
This is a real estate question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.