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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100433
Experience:  Lawyer
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Q: I have a property which i've worked years.

Customer Question

hi. Q: I have a property which i've worked for 15 years. the boundaries were never disputed until the adjacent property was sold and the new owners are claiming part of the land belongs to them. i've read somewhere that if you've worked the land for all those years and the previous owners that we've bought from worked the same area of the land and that has been done for over 15 years, what is our legal position?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: hello?
JA: Hi. How can we help?
Customer: ontario, canada
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: do they have to make an application to do a survey?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Before I answer, can you please let me know what land registry system you are under, and if you are under the land titles act do you know when your property was transferred to that registry system?
Customer: replied 1 year ago.
The papers I have say: Transfer/Deed of Land --Registry --Registry Division of Grey (No. 16) at Owen Sound
Customer: replied 1 year ago.
We bought the property in 2001; and the date on the transfer shows: '01 MAY 18
Expert:  Debra replied 1 year ago.
What I need to know is what land registry system this is under and when it was transferred to the land titles sct if it is under the land titles acyvregistry system. I'm not asking about when the property was transferred to you. Somewhere on your documents it will say registry act or land titles act. Can you find that?
Customer: replied 1 year ago.
The only thing with the word "Act" in it is, Land Registration Reform Act
Expert:  Debra replied 1 year ago.
The law is that if you are under the Registry Act you may be able to make a claim for adverse possession. That is where you are able to claim ownership of land that you have occupied openly, exclusively, continuously and without permission. But there is no such thing as adverse possession under the Land Titles Act. You could make a claim within two years of your property being transferred to the Land Titles Act system. You aren't sure about what system you are under and that is fine as many are not sure at all. So you will need to see a local lawyer about this issue so the lawyer can review your deed, do a title search and then analyze your facts.

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