Can someone really take ownership of your land just by using it long enough? In Ontario, under specific conditions, the answer is yes. The legal doctrine of adverse possession—often dubbed “squatter’s rights”—remains valid, though its application has narrowed significantly in recent decades.
As courts continue to strictly interpret these claims, a recent case from 2025 provides a sharp reminder of the high bar claimants must meet.
What Is Adverse Possession?
Adverse possession allows someone who occupies land without legal title or the owner’s permission to eventually acquire legal ownership—if they meet very specific requirements under Ontario’s Real Property Limitations Act, RSO 1990, c. L.15.
To succeed, a claimant must show:
- Open and notorious possession – visible and obvious to others, including the owner;
- Exclusive possession – treating the land as their own, excluding others;
- Continuous possession for at least 10 years; and
- No permission from the rightful owner.
Case Spotlight: Harmur Investments Ltd. v. Pearce (2025 ONSC 628)
In this Ontario Superior Court decision, Harmur Investments Ltd. claimed ownership of land it had occupied for over a decade. However, the registered owner, Katherine Lillian Pearce, argued that she had given Harmur permission to occupy the property.
The Court agreed with Ms. Pearce and held that any form of permission—even informal—invalidates a claim for adverse possession. Harmur’s case was dismissed.
🔑 Takeaway: The requirement that possession be “adverse” or “hostile” is critical. Even implied permission will defeat a claim.
Can Adverse Possession Still Happen in the Land Titles System?
Yes—but only in very limited circumstances. While most Ontario properties are now under the Land Titles system (the electronic system), adverse possession remains possible only if the claimant completed the 10-year period of adverse possession entirely before the property was converted from the Registry system (paper system).
Once land is brought into Land Titles, any future adverse possession claims are barred unless the right was already “matured” under the old Registry system.
Key Rule: If the 10 years of adverse possession were not completed before the date of conversion to Land Titles, then the claim is barred—regardless of how long the land was possessed afterward.
Legal Guidance from Rabideau Law
Adverse possession is a rare but legally complex issue in Ontario real estate. Whether you’re: – A landowner protecting your boundaries, – A purchaser concerned about a neighbor’s encroachment, or – A party with a potential claim arising from long-term occupation,
Rabideau Law can help you assess the facts and protect your interests.
📞 Contact us to schedule a consultation with our real estate law team.
