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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101413
Experience:  Lawyer
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I have built a Cabin on Crown land in Alberta. How until it

Customer Question

I have built a Cabin on Crown land in Alberta. How long until it would be Adverse Possession and what documentation would I have to have to prove the length of time. I go to the Cabin usually twice a month and stay for 1 to 3 night each time. Is that enough time spent
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Have you been using the property continuously, exclusively, openly and without consent?

Customer: replied 1 year ago.
we have use the property for the past 4.5 years. The Trapper is aware of the usage and does not object. If sustainable resources finds the cabin the Trapper will not say it is part of his Trapline therefore they will distroy it. It is only my buddy's and I that use it. We do it openly as possible, as it is in a remote area.
Expert:  Debra replied 1 year ago.

Is the Crown aware of the usage?

Customer: replied 1 year ago.
No, they would distroy it if they were aware of it
Expert:  Debra replied 1 year ago.

You would have to use this land for 10 years to be able to claim adverse possession rights.

And the land has to be used openly and exclusively as well as continuously.

It sounds like you are meeting these requirements.

Customer: replied 1 year ago.
What documents would we require to prove our occupantsey at the end of the 10 years
Expert:  Debra replied 1 year ago.

There are no specific documents. Rather you have to prove the usage so take date photos and have witnesses who can attest to the fact that you had the cabin there that you have been using during the requisite years.