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Thanks google earth, you gained me some land!!!
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Redman
Posted 11/28/2012 17:32 (#2721841 - in reply to #2721785)
Subject: RE: Adverse possession


SW Saskatchewan
I do believe that Canadianeh has a strong position.

Adverse possession was finally put to rest in Western Canada in the '80's, though it had been largely a non issue before except by overzealous govts that tried to justify any "trespass" by the right of use argument. Between private landowners the title as issued by the govt under the Torren's systrm was the general law.

In eastern Canada where settlement was earlier and by way of crown grant, the law is generally the same as in the US. Quebec with the Code Napolean for civil law may have different rules.

Yes, it is yours to reclaim if there is a trespass, compensation for past use would probably be limited to six years and then there is always the "unjustified enrichment" clause.-If the other party had cleared and broke the land, your claim to past crop would likely be offset by that consideration.

Aerial photos are readily available for the pre-google era and they were taken regularly for assessement purposes so you cou;d pinpoint when any boundary changes took place.
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