If you own land or are purchasing property in the Greater Toronto Area (GTA), you may wonder about how someone else might claim rights over a piece of your land through a doctrine called “adverse possession.” For properties in Toronto, Mississauga, Brampton, North York, Scarborough, Vaughan, Richmond Hill and Oakville, understanding this area of property law is critical. A qualified real estate lawyer will ensure that your conveyancing, title search, or property transfer protects you from unexpected claims.

What Is Adverse Possession?

Adverse possession is a legal principle whereby an individual can acquire ownership of land belonging to someone else by occupying it openly, continuously, and without the owner’s consent for a certain period of time. Most property transfer and conveyancing lawyers in the GTA agree that this doctrine is rarely successful in Ontario under modern conditions, but it remains relevant in specific circumstances.

In Ontario, the doctrine is codified in the Real Property Limitations Act (RPLA), which sets out limitation periods for claims over land.

Key Requirements of Adverse Possession

If someone attempts to claim adverse possession in Ontario, a real estate lawyer in North York, Scarborough or Brampton would explain that the following elements must generally be proved:

Actual possession: the claimant has physically occupied the land as if they were the owner.

Open and notorious use: the occupation is obvious to anyone, including the registered owner.

Exclusive and continuous: the occupant must exclude others (including the true owner) and maintain occupancy for the required time.

Intention to exclude: the person occupying the land must intend to treat the land as their own, excluding the registered owner.

Limitation period: under the RPLA, this is typically ten years for private land.

That means if you’re dealing with a boundary dispute in Oakville or Richmond Hill, a property dispute lawyer will closely examine these criteria.

It’s important to note that for lands under the Land Titles system in Ontario, adverse possession claims are extremely restricted. Many title experts say such claims rarely succeed after the conversion from the old Registry system.

Why the System (Registry vs. Land Titles) Matters

Properties in Ontario are mostly under the modern Land Titles system, which provides more certainty of ownership. A real estate lawyer in Vaughan or Mississauga will check whether the parcel was converted from the old Registry system to Land Titles. If the acquisition of the land began after conversion, adverse possession is almost impossible to claim.

However, if occupation began under the older Registry system and the ten-year period was met prior to conversion, the claim may still be valid. Real estate contract lawyers and conveyancing lawyers in Toronto and North York often look back at conversion dates for precisely this reason.

Can Municipal or Crown Land Be Acquired by Adverse Possession?

One of the most significant legal developments in Ontario is that even municipal parkland may not be immune from claims of adverse possession. A recent decision by the Supreme Court of Canada in Kosicki v. Toronto (City) confirmed that municipal land is not categorically exempt, provided the statutory requirements are met.

A real estate lawyer in Scarborough or Oakville will caution that while the hurdle remains high, land previously thought safe from such claims must now be assessed more carefully.

Practical Steps to Protect Your Property

If you own residential property or commercial property in Mississauga, Brampton, Richmond Hill or Oakville, here are key steps your residential conveyancing lawyer would recommend:

Conduct a thorough title search
Ensure your real estate lawyer in Toronto or North York verifies that title registration is up to date, and examine whether any historical claims of adverse possession could apply.

Document your boundaries and occupancy
If you own a driveway, a fence, or an access route, keep records showing you maintain and control the area. A property dispute lawyer can help formalize agreements with neighbours or users of the land.

Check conversion dates
Ensure that any claim for adverse possession cannot start after the property’s conversion under the Land Titles Act. A seasoned conveyancing lawyer in Vaughan or Mississauga will investigate these details.

Educate those with access
If someone regularly uses your land for example, a shared driveway in Oakville or Bramalea ensure permissions or formal agreements exist so occupation is not treated as “adverse.” A property lawyer for real estate deals will draft the necessary documents.

Respond promptly to challenges
If you receive notice of a potential adverse possession claim or neighbour complaint, engage a real estate lawyer quickly. Delays can damage defence options.

Why Having a Real Estate Lawyer Matters

Whether you’re buying a new home, refinancing a mortgage, or transferring property, involvement of a real estate lawyer in Toronto, Mississauga, Brampton, North York, Scarborough, Vaughan, Richmond Hill or Oakville adds significant value.

A real estate lawyer helps with the title search and identifies any easements, encroachments or adverse claims. They provide property law advice during your real estate transaction to ensure that purchase and sale agreements and closing documents reflect your rights. A lawyer also assists in navigating zoning and permits, property transfer, land registry matters and any potential property dispute.

If a claim of adverse possession arises, a real estate lawyer protects your ownership interest in residential property or commercial property. By collaborating with an experienced real estate lawyer for home purchase, or a professional handling the real estate closing, you significantly reduce risk and enhance confidence in your transaction.

Final Thoughts

Adverse possession is a complex doctrine, but it remains relevant for property owners in the GTA. For properties in Toronto, Mississauga, Brampton, North York, Scarborough, Vaughan, Richmond Hill or Oakville, ensuring your ownership is secure means proactive action, not passive assumption. A knowledgeable real estate lawyer in Toronto or a conveyancing lawyer in Mississauga will review your title, verify conversion dates, and confirm that any occupation of your land is lawful.

If you’re unsure about easements, occupancy rights, a boundary dispute or a title transfer, our firm is here to help. Contact our team for legal assistance in property purchase, property sale, home transaction guidance, and all aspects of real estate legal services. With the right counsel, you safeguard your property and ensure the transfer process is seamless and sound.