Thursday, April 9, 2015 - Adverse Possession under the Registry Act
McClatchie v. Rideau Lakes (Township), 2015 ONCA 233
Squatter's Rights – When Can You File for Legal Ownership?
The Ontario Court of Appeal decided a case dealing with adverse possession, otherwise known as "squatter's rights," describing the attempt to legally claim the property after its illegal use for a number of years without hiding this use. Essentially, the "squatter," with the help of their civil lawyer in this case, is able to make a bid to have their rights to the property recognized after a period of time passes, which varies according to laws in provinces.
How Does Squatters' Right Apply to This Case?
The case involved a couple who used a road which they believed was part of their property. However, it was later discovered that the road actually belonged to another party, the appellant. The trial judge initially granted the adverse possession claim to the couple, recognizing their de facto ownership of the road based on their long-term use.
The Appeal of Squatters' Rights
The appeal essentially dealt with an adverse possession claim that had been granted to a couple who had been using a road that they believed fell under their property, but it actually fell on the appellant's property. The appellant argued that the adverse possession claim should not have been granted by the trial judge and that errors were made in the interpretation of documents showing the number of years the land had been used and the amount of land that had been used by the respondents over this time period.
The appeals court allowed the appeal in part, finding that the trial judge did not make errors in allowing the adverse possession claim; however, they did find that an easement of necessity, which is an allowance for those who do not own the land to use it, should not have been granted over a portion of the land in question.
An easement of necessity typically allows the use of someone else's property when it's essential for accessing one's own property. The court found that this was not applicable in this situation, a decision influenced by the expertise of a civil lawyer.
Trust a Civil Lawyer for Your Legal Needs
If you're facing similar property disputes or need to navigate the intricacies of contract law, seek the support and knowledge of the experienced legal professionals at Karrass Law. Book a legal consultation with Robert Karrass and our team of skilled civil lawyers.
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