Otherwise known as “squatter’s rights,” I always thought that this kind of thing only happened in theory. That is, until somebody sent me the following video…
Here’s the definition of “adverse possession” according to Wikipedia:
Adverse possession is a process by which premises can change ownership. It is governed by statute concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another’s real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner’s rights for a specified period. For example, squatter’s rights are a specific form of adverse possession.
This is the kind of thing that we spent forty-five seconds on during our real estate courses; probably because it happens so infrequently.
The case described in the video is exceptionally rare, but how about a hypothetical…
Say that there is a plot of land – several acres, in the middle of nowhere, that a band of people begin to live on. And say that these people are completely self-sufficient, almost like a commune. And say that over the years – maybe even a decade or more, the population grows, and these people build a community.
Now say that some multi-millionaire land-banker owns this acreage, but has never set foot on it, let alone seen it.
One day, this land-banker decides to start drilling for oil, or decides to build a mega-mall. But there’s 300 people living on the land, complete with trailers, a self-made church, and maybe even a school made out of cardboard boxes.
It’s not out of the question for these folks to claim squatter’s rights, or “adverse possession,” and lay claim to the land.
We can’t imagine something like this happening in Toronto, but think outside the box. Think about places around the world where “the middle of nowhere” exists, and where you can go unnoticed for long periods of time.
Squatter’s rights make for an interesting legal case!
As for the video above, it’s pretty silly.
Florida real estate isn’t doing so well, and I’m sure there are thousands of million-dollar homes that are sitting vacant.
I’m also sure that the neighbours must have AR-15 rifles next to the cutlery in the kitchen, and I’m surprised nobody has stormed the house…
moonbeam!
at 7:24 am
David — when I was in Ireland, I heard about the ‘travellers’ whose practice is to take up residence on farmers’ fields and then fight for their rights to stay. They hire lawyers to act for them, they cry discrimination over being called gypsies, have won major lawsuits… they collect all kinds of social benefits as well…. this is a major problem there.
George
at 9:42 am
This law stinks.
Gwen
at 10:52 am
A friend owned a property in Leslieville about 10 years ago. Someone moved into the vacant basement apartment while it was empty and for sale. The lawyer had to have my friend arrange to PAY the guy to leave.
Frosty Johansen
at 11:59 am
“We can’t imagine something like this happening in Toronto”
Well it is very important in cities, too. What do you think surveys and property descriptions are for? Neighbours who build a fence two feet into your property and keep it there for 20 years … that’s an everyday example of adverse possession.
planner
at 12:06 pm
I don’t pretend to be knowledgeable about this stuff but isn’t most of Ontario now on land registry? Is adverse possession still possible with land registry? Just ask’in…..
Caroline
at 6:54 pm
Frosty is right. When we bought our house in Ottawa it was in the midst of a legal dispute due to adverse possession. The fence that was there since at least the 60s was built on the neighbour’s property, 3 feet over the property line. We let the dispute run its course and ended up with three feet more than the original survey showed. It made the difference between being able to legally park on the property or not. I was told that it is rare these days to win on adverse possession, and for good reason, but apparently it is possible under certain circumstances.
Hey Mickey
at 8:50 pm
http://youtu.be/3eAG8UiPgrw
At the 1:00 mark, Dock Yip makes an observation that sums up the proper response to squatters on properties that don’t belong to them.