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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100423
Experience:  Lawyer
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Can an US citizen claim squatters rights in Canada.Was on

Customer Question

Can an US citizen claim squatters rights in Canada.Was on land registry, after 2010 land titles in NB.
Submitted: 12 months ago.
Category: Canada Law
Expert:  Debra replied 12 months ago.
Thanks for your question.This has nothing to do with citizenship.Please just set out the basic facts and let me know how long the person was on the land for and whether it was continuous, exclusive, open and without consent.Are you saying that the property was switched to the land titles act registry system in 2010?Thanks.
Customer: replied 12 months ago.
OK than, Doesn't matter if he not Canada. He purchased a water front property in 1977 in which was expropriated by Hydro company.Land all flooded so his camps are on other's property not mind, there is just and old right of way on me as an emcumbrace.
Customer: replied 12 months ago.
his title was changed in 2010 after he sold some portion of property it when on lands title act. but most important is the original title stated two acres of lot 50 and he had 8 arces on new survey in 1993 with new description not saying lot 50 only but still two acres..
Expert:  Debra replied 12 months ago.

So you are saying that he knows he is on other people's property and wants to know if he can claim ownership to this property?

But has he used this land openly and continuously and exclusively and without permission and if so for how long?

And is the land he is using under the Land Titles Act?

Are you saying the new survey gives him more land?

Customer: replied 12 months ago.
He got more land than what it states on the title and now goes onto 49 and 50. His first title in 1977 never was surveyed which he used for a few weeks each summer only. In 1993 a survey was done with him owning all of the land instead of the two acres which was expropriated and flooded. The other land owner's moved away and where unaware of what or the size of the land they inherited. Sold to other with no title search and he is unaware of the land he lost. What should I do about the emcumbrance on my property for this flood property?
Expert:  Debra replied 12 months ago.

I am not really able to follow the facts. I think you need a local lawyer to sort this out so I am going to opt out.

Customer: replied 12 months ago.
It's not that difficult! I have an encumbrance on my property for 16 ft right of way to the highway. The land which this serves was expropriate and flooded than sold to the now owner of property under water and titles states the excepting of the encumbrance for flooding.NB power surveyor's use the shore line for boundary when the title of this LETTER PATENT LAND GRANT stated low water mark. The land was paid for but encumbrace is still be used by squatter. Can I remove this encumbrace with sending thousands?

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