Adverse Possession ('Squatters' Rights') in Ontario

Adverse possession is a way of gaining title to land by openly occupying it for a long time. In Ontario, it is very limited.

The basic test

Where it is available, a claimant must show, for at least 10 years:

• actual possession;
• an intention to exclude the true owner; and
• effective exclusion of the true owner.

Land Titles

Most Ontario land has been converted to the Land Titles system, which generally prevents new adverse possession claims after conversion.

Common situations

• An old fence in the wrong place
• A shed or garden built over the line
• Cottage land used for decades

What to do

1. Get a survey to confirm the boundary.
2. Check whether the land is in Land Titles, and when it was converted.
3. Talk to your neighbour, ideally in writing.
4. Get advice from a real estate lawyer before moving a fence or suing.

Easements vs title

Sometimes the claim is for an easement (a right to use), not ownership. Different rules apply.

Sources

• Real Property Limitations Act
• Land Titles Act
• Boundary disputes (NEO guide)

Read next: Power of Sale: What Happens When You Fall Behind on a Mortgage

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Private property, no ice allowed sign on sign · open book lot.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.