Monday, May 11, 2020

Alberta Law Reform Institute Final Report on Adverse Possession

The Alberta Law Reform Institute (ALRI) recently published its final report on Adverse Possession and Lasting Improvements to Wrong Land.

Adverse possession  refers to a situation where someone who has occupied a strip of another private owner's land for at least 10 years, in the case of Alberta, can potentially claim ownership of that land. This can lead to loss of land for the registered owner. Alberta is one of the last places in Canada where adverse possession still exists.

The ALRI report recommends that the provincial government abolish the law of adverse possession.

In the case of claims of lasting improvements made to property by occupiers who mistakenly believed they rightfully owned it, the report suggests that allowing the occupier to retain the land while compensating the legal owner might be the best remedy.

The Appendix includes a "Cross-Jurisdictional Comparison of Adverse Possession in Canada".

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posted by Michel-Adrien at 7:14 pm

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