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Re: Adverse Possession- what you see is what you get in LT.

Postby matt » Thu Mar 13, 2014 3:35 pm

Good question, Elanore.

One thing you should know is that adverse possession WILL survive a tax sale.

In Land Title, one rule of thumb applies- "What you see is what you get".

You perform a title search on a property registered in Land Title (LT), and you print out the report.
Basically, what you see in the report is what you get.
It is a guarantee by Ontario government that what contains in the certificate is true and factual as of the date of issuance.
There is no other hidden constraints or limitations of any kind registered to the parcel.

In the older Registry System, on the other hand, there is no guarantee of any kind.
You need to manually dig deep onto the Abstract to find any adverse claims filed.

Ontario has been converting parcel in the old Registry to Land Titles.
As years go by, thus you will see less and less parcels remaining in Registry. 8-)
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Re: Adverse Possession- what you see is what you get in LT.

Postby Mountainman » Thu Mar 20, 2014 3:53 pm

matt wrote:Good question, Elanore.

One thing you should know is that adverse possession WILL survive a tax sale.

In Land Title, one rule of thumb applies- "What you see is what you get".

You perform a title search on a property registered in Land Title (LT), and you print out the report.
Basically, what you see in the report is what you get.
It is a guarantee by Ontario government that what contains in the certificate is true and factual as of the date of issuance.
There is no other hidden constraints or limitations of any kind registered to the parcel.

In the older Registry System, on the other hand, there is no guarantee of any kind.
You need to manually dig deep onto the Abstract to find any adverse claims filed.

Ontario has been converting parcel in the old Registry to Land Titles.
As years go by, thus you will see less and less parcels remaining in Registry. 8-)


I am Mountainman.

Matt speaks wise and true, but not complete.

The system of Titles does offer much assurance, but risk still does abound. The neighbor squatters from before, those who possessed from the time of the system of Registry, will continue with their rights, disclosed on Abstract or not.

I attach the written words that make it so, from the Act you call Land Titles:

44. (1) All registered land, unless the contrary is expressed on the register, is subject to such of the following liabilities, rights and interests as for the time being may be subsisting in reference thereto, and such liabilities, rights and interests shall not be deemed to be encumbrances within the meaning of this Act:

3. Any title or lien that, by possession or improvements, the owner or person interested in any adjoining land has acquired to or in respect of the land.


And if you look at number 44 complete, many things are there, that title shall not defeat.

Thank you Matt, the answer is now complete.

I am Mountainman.
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Welcome!

Postby matt » Fri Mar 21, 2014 12:03 am

Thanks for completing my words, Mountainman!
Nice to meet you~~

But, why do you not speak in a contemporary conversational language?
Are you a poet, witter, or a primitive man from the mountain side?? :P

Welcome to this GoTaxSales forum anyways...
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Re: New to buying tax sale properties

Postby asachs » Fri Oct 16, 2015 4:08 am

If a property is in the LT system, has no buildings or residences, is only bordered by crown land or water but still shows signs of possession. Should a tax sale buyer be worried about adverse possession in this situation. What proof does one have to provide to win a adverse possession claim? Ive read of people winning claims for just using the land for grazing animals.
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Re: New to buying tax sale properties

Postby GoTaxSales.ca » Fri Oct 16, 2015 1:17 pm

Unfortunately, the Land Titles Act does state on probably all Land Titles PIN abstracts that properties are subject, on first registration, to Subsection 44(1) which includes a host of possibilities.

No. 3 of that subsection includes “Any title or lien that, by possession or improvements, the owner or person interested 'in any adjoining land' has acquired to or in respect of the land.”

If a property, as you say, is only bordered by Crown land or water which no-one owns, this should not be an issue for adverse possession, even if it shows signs of possession. This seems to indicate that the proof one should have to provide to win a claim for adverse possession would include that they are 'adjoining land' owners to the property for which they claim adverse possession – if a property is only surrounded by Crown lands and water, then they cannot be adjoining land owners.

Again, you may want to retain legal council to verify this information prior to making any assumptions, as this is only our opinion based on the information we have reviewed and cannot be considered legal advice/general advice of any sort.
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