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Thread: Adverse possesion

  1. #1

    Adverse possesion

    I am selling my home in canada. I have a rural house on 15.35 acres. A potential buyer has noted that a fence is up on one side of the property and my land extents 15 to 20 feet beyond that fence. The house has been on this site for 11 years, but not sure how long the fence has been there. My buyer is worried he may lose that land through "adverse Possesion". Does anyone know the statutue of limitations in this case? Or any other applicable law?

  2. #2
    Member Mary's avatar
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    Information would be nice. I only know that I'm currently paying a lawyer trying to resolve the same issue in my back yard. As I foolishly purchased a house where my fence is 10 feet into my own property. I guess an early owner decided it was a good way to get out of maintaining a utility easement. It is NOT fun.

  3. #3
    Cyburbian prana's avatar
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    Adverse possession depends on your local law. Some states are 7 years and some are 10. I don't know about Canada.

    Adverse possession generally must also include some form of "use, maintenance or improvement" to the property to be considered somebody else's property. For instance, if Greg's neighbor uses that 20 feet next to the fence as his driveway, and has for a certain number of years, I would bet it is now his. Same thing in the second case, if Frustrated's neighbor to the rear has mowed the grass, trimmed the trees or generally utilized that 10 feet, I would bet it is now their property.

    Greg- did the buyer have a survey done of the property? How did he determine that the fence wasn't on the property line? In rural situations, fences are usually pretty gospel, but not always.

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