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If you are claiming land owned by a private individual, you need to show 20 years of continuous use and occupation. The squatter must prove that they have met the legal tests (i.e. actual, open, visible, notorious, exclusive, and continuous possession) and are in possession of the whole property.
Adverse Possession They had ?actual possession? for the statutory period (10 years) The possession was intended to exclude the rightful owner. The true owner's possession was excluded; that is, the land has effectively been abandoned by the owners.
Regular property inspections can alert the true owner to any unauthorized use and are always beneficial to ensure your property is unoccupied. Leasing the property can also effectively thwart any claims of adverse possession since it delineates a legal agreement between the owner and occupant.
The law of adverse possession in Ontario is as follows: Adverse possession of a portion of another's land can be claimed when the claimant can prove uninterrupted use of that land for a minimum of ten consecutive years prior to that property's conversion to the Land Titles system.
Definition of Legal Conditions for Adverse Possession: Actual Possession - The land must have been actually used by the claimants without the approval of the owner. The use must be consistent with the nature of the land and in a manner similar to the use a true owner might make of the land.