On December 15, 2022, The Property Rights Statutes Amendment Act, 2022 received royal ascent and implemented recommendations ALRI made in its 2020 report, Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115. ALRI recommended that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been resolved or filed with the court before the change comes into effect.
Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. Adverse possession is commonly, but mistakenly, referred to as squatter’s rights. The change would mean that a registered owner of land could recover possession at any time and would not have to act within the 10-year limitation period that currently applies.
ALRI thanks the many volunteers, consultation respondents and stakeholders that shared their experiences and feedback in helping to inform our recommendations and final report.