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What is Adverse Possession?


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. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). This executive summary outlines the most common adverse possession claims as well as our recommendations […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE AP_Brochure.pdf

May 28, 2022

Should Alberta Abolish Adverse Possession?


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. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). This infographic outlines the three most common adverse possession claims.

AREA OF LAW Property Real Property
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FORMAT Publications
FILE Adverse-Possession-Infographic.pdf

May 28, 2020

Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115


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. ALRI is recommending 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 […]

AREA OF LAW Limitation of Actions Property Real Property
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FORMAT Publications
FILE FR115.pdf

Adverse Possession and Lasting Improvements to Wrong Land, Report 33


Adverse possession has a long history in the common law of England, Canada, and Alberta. It originated as a common law doctrine used to determine a person’s rights to land. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). The essential common law elements of adverse possession are: -the registered owner must be out of […]

AREA OF LAW Administration of Justice Landlord and Tenant Property Real Property
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FORMAT Publications
FILE RFD33.pdf

February 15, 2020

Report on Liens, Report for Discussion 13


A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on […]

AREA OF LAW Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE rfd13.pdf

September 2, 1992

Limitations, Final Report 55


Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but […]

AREA OF LAW Limitation of Actions Procedure
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FORMAT Publications
FILE fr055.pdf
ENACTMENT

Limitations Act, SA 1996, c L-15.1 (now RSA 2000, c L-12).

December 1, 1989

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