Common Law in Ontario (Property Rights, not Marital Law)

[DavidC]

I've heard that Common Law originated in England, and that it has been applied in California, and that it may be in effect in Ontario.

Basically, I'd like to know if someone can remove usage of property from you, if you've been using it for an extended period of time:

i.e. In Cali. some people were taking short-cuts through a guy's property, he fenced it up, they took him to court and he had to remove the fence.

I'd like to know if something like this is applicable in Ontario, and if so, if there are any legal documents that I can read about it.

--Dave.

[bobman0330]

This idea is known as "adverse possession." The animating philosophy is that people who actively use land should be rewarded with title to it, and people who ignore it should be punished.

I'm somewhat unclear about the structure of the Canadian government/legislature, but it seems to be the case that Canada has a law called the "Limitations Act" that embodies these principles. Look it up for yourself, but the gist seems to be (if this law is still valid) that if someone uses your land continuously for 10 years, without you evicting them/suing for trespass, etc., the land is theirs. This is not true if your land is registered.

This is not legal advice, and I'm not a lawyer. Run a google search for "adverse possession" ontario and see what you find.