Question

Describe the process by which possessory interests in land are created, and the ways in which they are defeated both in
Registry and Land Titles Systems.

Answer 1

Possessory interests in land arise from open, notorious, visible, uninterrupted, and undisputed defiance of the true owner's title. The period for which this activity must span varies between 10 and 20 years, depending on the province, and the occupier will receive an indefeasible title if the true owner fails to take action within that period. It must be noted that a possessory interest can only be created under a Registry jurisdiction. It is normally not possible to create a possessory interest in a Land Titles jurisdiction, anywhere in Canada. Any break in the chain of time in any of the foregoing aspects will invalidate the continuity of the period and the time for possession will have to begin over again. To gain title in this manner, an occupier will have to do all the acts normally associated with ownership. This would include taking steps to exclude others (including the true owner), from possession, payment of taxes, and general use and upkeep of the lands, all with the knowledge of the person with title to the lands.