Quote:
Originally Posted by Wormius
This might be one of those situations where maybe you should double-check that your property lines are where you think they are.
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http://www.aaron.ca/columns/2009-02-28.htm
http://www.millerthomson.com/en/publ...yours-is-mine/
https://dcllp.com/blog/2016/07/04/th...on-in-alberta/
Quote:
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In Alberta, adverse possession generally requires (among other things) that the person wishing to take the land in question must have openly and exclusively occupied it for at least ten years even though they did not own it. One of the most common ways this occurs is with a misplaced fence – a fence that is not on the correct boundary between two parcels may create an adverse possession and allow the owner of one of the parcels to “expand” up to the fence.
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I'd just like to point out that, if the fence had been there for at least 10 years, there exists the possibility of using squatter rights to gain possession of the land up to the fence. I don't know if this is more of a rural thing than urban thing.
So even if a an old survey does show that the fence was not put on or near the border between the houses, don't necessarily give it up. Might be worth it to talk to a lawyer if that ends up being the case.