Quote:
When, during a period of 10 years (1), a person has been in exclusive, continuous,
open or visible and notorious (2) actual possession or occupation of land of which he is not the registered owner and which is not Crown land (3) or municipal land (4), that person may apply to the courts to recover a judgment declaring that he is entitled to the exclusive right to use the land or that he is quieted in the exclusive possession of the land. (5) The registration of the judgment results in the issuance of a new certificate of title to the person who has recovered the judgment.
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One of my little old lady clients is on the wrong end of this argument right now from a daughter/son-in-law who've been mooching on her land for more than 10 years . . . . . situation south of Calgary.
Seems ridiculous on the surface but the lawyers say she's got a problem. Since I've heard only her side of it, I can't be sure of the details.
Cowperson