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ARTICLE · 29 JULY 2019

"No Good Deed Goes Unpunished" - Case Comment – Re Koziey Estate, 2019 ABCA 43

In the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta

CanadaLitigation, Mediation & Arbitration

In the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta. This could have ramifications for property owners that allow neighbours to use portions of their land for ingress and egress or for other purposes.

Taylor and Koziey owned adjoining parcels of land. The only vehicle access to the houses on the Koziey land was by a road that crossed onto the Taylor lands at one point in order to bypass a steep ravine. The late Paul Koziey maintained the road and he and his tenants had used the road for decades. However, the Koziey lands were not landlocked and access to the houses on the Koziey lands could have been made available from another direction. Thus, no “easement of necessity” could be justified.

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