Agricultural Law NetLetter - September 7, 2018

HIGHLIGHTS

• A Justice of the Alberta Court of Queen's Bench, in a carefully considered decision, has reviewed and explained the law of adverse possession in Alberta. The Court observed that in some aspects, Alberta law regarding adverse possession is unique from the law of other provinces. Alberta law has, since 1905, recognized the right of "trespassers" (sometimes referred to as "squatters") who have been in continuous, adverse and open possession of another person's land for more than 10 years, to obtain an Order "quieting" the title of the true owner, and to exclusive possession of the land. The Court observed that the Alberta Land Titles Act entitles adverse possession claimants to obtain a certificate of title to disputed land by filing a copy of the Court's judgment with the Registrar of Land Titles, unless the judgment relates to a portion of the land only, in which case the claimant must obtain subdivision approval before a new certificate of title can be