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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99966
Experience:  Lawyer
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Re: Encroachment Agreement I own a building in Canada and am

Customer Question

Re: Encroachment Agreement Hello: I own a building in Canada and am about to give my neighbour, attached to my building, a 3 inch temporary encroachment on my flat roof so that he can add insulation required by code. We can remove this cladding anytime
we decide to build ourselves. My question is ( we are separated ) does my spouse have to sign the agreement if she is not on title? There may be some arcane aspect of family law requiring this. And, if I (or we) do sign and I do nothing for years or certain
period of time could he then claim ownership of the land? Thank you
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Sorry, Toronto, Canada.
Expert:  Debra replied 1 year ago.

She doesn't have to sign as it is not legally her house.

There is no longer any such thing as adverse possession so even if he encroached on your property openly, continuously, exclusively and without permission he still he could acquire ownership. But even if there was adverse possession still so long as he was given permission it would not be adverse possession.

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