Adverse possession

[jayzzzz]

Hi there, does anyone know much about adverse possession regarding tax sales? My understanding is that if someone has been occupying a house for over 10 years then they have a right to that property via adverse possession. I do not have much experience with tax sales but I would assume this should be a big concern if a house or building is occupied.

Has anyone had any experience dealing with this and do you just have to take that risk or is there anything you can do to protect your initial investment?

Thanks
Jay

[Frank]

Hi there, does anyone know much about adverse possession regarding tax sales? My understanding is that if someone has been occupying a house for over 10 years then they have a right to that property via adverse possession. I do not have much experience with tax sales but I would assume this should be a big concern if a house or building is occupied.

Has anyone had any experience dealing with this and do you just have to take that risk or is there anything you can do to protect your initial investment?

Thanks
Jay

Jay (I bet you never get called late for supper...sorry, old guys only will understand)

Very complex subject. With the introduction of Land Titles in Ontario this was supposed to disappear, however, on first conversion to Land titles, you only get a qualified status...until the property changes hand in land titles, it still ain't quite there, as I understand it.  Adverse Possessors (or more correctly Occupiers), have to meet a number of tests in order to have any chance of taking possession.  It must be by an abutting property owner...people who merely cross over your property, may attaain a level of right to trespass over time, but do not become occupiers. 

The occupation must have been continuous,without your knowledge or consent, and have been outrageous (such as fencing off the piece of property so as to prevent you, the rightful owner from being able to have used it.    I had a neighbour who paved over a portion of my property and cut the grass on it, and planted a couple of nice pine trees.   His lawyer suggested he might have such status, and I advised him to get a new one (lawyer)...in the end I sold him a portion of my property, since it didn't really impact on mine,  and all was well with the world.

Go see a good real estate lawyer and explain the details of your situation.   Has the occupier filed a notice of adverse possession on your title, if so you need to take some action to get them to remove it.   PM your details to me if you don't want to share openly.