Adverse Possession in BC
Also known as: Squatter's rights BC · Adverse possession · Possessory title BC
The old doctrine that let someone occupying land long enough claim it from the registered owner. It does not work against registered land in BC: section 23(3) of the Land Title Act says title adverse to the registered owner is not acquired by length of possession once an indefeasible title is registered.
Adverse possession (informally "squatter's rights") was a common-law doctrine where a person who openly, continuously, and adversely occupied land for a statutory period (typically 10-20 years in common-law jurisdictions) could claim ownership against the registered owner. In British Columbia, section 23(3) of the Land Title Act, RSBC 1996, c.
250, provides that after an indefeasible title is registered, a title adverse to the registered owner "is not acquired by length of possession". Under BC's Torrens system, the registered title is conclusive evidence of ownership (s. 23(2)), so no period of occupation displaces the registered owner.
The Act has one narrow exception. Section 23(4) says that the first indefeasible title registered for a parcel is void against a person who was in actual possession of the land, and rightly entitled to it, when the registration was applied for and who continues in possession. It does not apply to a title registered earlier and later sold.
Section 24 also abolishes acquiring a right over land by prescription. The more common issue for BC buyers is a boundary encroachment, such as a neighbour's fence on your land or the reverse; a current Real Property Report shows where the buildings and fences sit against the boundary.
Related terms
- BC Land Title Office (LTSA)The BC land registration system operated by the Land Title and Survey Authority (LTSA) under the Land Title Act, RSBC 1996, c.
- Real Property Report (RPR)A surveyor drawing that shows where the legal boundaries actually run and where the buildings, fences and decks sit against them.
- Title InsuranceA one-time-premium policy bought at closing that covers the owner, the lender, or both against loss from a title problem that pre-dates it.
See also
Review dates, licence and how to cite this entry
License: This definition is licensed under CC BY 4.0. Cite as: "Adverse Possession in BC", BC Real Estate Glossary by Bronson Job, https://www.bronsonjob.com/glossary/adverse-possession-bc.