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Prior Usage Claims
Chapter: GENERAL QUESTIONS
JAM
are you familiar with the relationship between the land titles and surveyors acts and potential prior use claims like this? Have you seen it revealed in prior sales
Frank
under land titles you can only acquire this through a formal easment which is being granted and approved through the proper planning process.
The previous rules allowed you to obtain either an encroachment by sitting on the land for a period of time and barring the real owner from using it for a specific length of time, the tests here are onerous and likely cannot be met, and in fact recent court cases have pretty much thrown out this concept. However, you did have the ability to cross over a piece of property if you had done so for a length of time and were not hampered in doing so. I wonder if any of the original tresspassors are still alive. I don't believe it is a right you can pass along to a child or the whole neighbourhood.