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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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If I own property in Nl.& it has been surveyed & registered can someone who has be

Customer Question

If I own property in Nl.& it has been surveyed & registered can someone who has been using my land without my permission claim ownership. The other party's property borders the property in question & he has slowly being pushing the border of the land he's using so that now he thinks he owns about a third of the lot in question.Under Newfoundland law does he have a legal claim on this property even though a legal survey exists & the property has been properly registered?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
How long has he been using this land?
Has he done so not only without permission but also exclusively (so you are not using this part of the land at all), continuously and openly?
Do you know what land registry system you are under?
Customer: replied 2 years ago.
It's difficult to say how long he's been using some of the lot. It's oceanfront property that was purchsed while we lived in Ontario with the intent of retiring in Newfoundland & building at that time but he's probably been using some of it for 12 years. When I realized what he was doing he was sent a letter from a lawyer informing him that he was trespassing & asking that he remove garbage (old tires) that he's dumped on our property. We haven't been using the lot except one summer about 9 years ago we pitched a tent & slept there for a couple of nights. I also contacted him twice by telephone to let him know that I wanted him to remove his garbage from my property.The land registry system is the provincial system & is governed by the Land Registration Act. We had to go out to St. John's to the registry office to have it done. They had a micro fiche system at that time.
Expert:  Debra replied 2 years ago.
When was this letter sent?