Can someone become the owner of a neighbour’s land simply with time?

In Quebec, it is possible to become the owner of a portion of someone else’s land solely through the passage of time. Indeed, this legal mechanism, called acquisitive prescription, is often misunderstood. Yet it can have very concrete consequences for property owners and their neighbours.

Before going further, it must be clarified that acquisitive prescription does not replace boundary determination or a certificate of location. A thorough review of titles also remains essential to prevent disputes. These tools help ensure a proper understanding of the actual limits of a property.

What is acquisitive prescription?

The Civil Code of Quebec provides that property can be acquired in different ways. A property may be obtained by contract, donation, succession, or occupation. Property may also be acquired through acquisitive prescription.

According to section 2875 C.C.Q., prescription allows someone to acquire a right when certain legal conditions are met. When it is acquisitive, it allows a person to become the owner of property by possession alone. This includes immovables, as stated in section 2910 C.C.Q.

For a person to acquire property by prescription, their possession must meet 4 criteria (s. 922 C.C.Q.) :

• Peaceful : without opposition or contestation from the true owner
• Continuous : uninterrupted during the entire required period
• Public : visible and known, not hidden
• Unequivocal : leaving no ambiguity regarding the control exercised over the property

A concrete example

Imagine that a person installs, by error or habit, a shed on a small portion of their neighbour’s land. If this shed remains in place :

• Without conflict, thus peacefully;
• Without interruption, thus continuously;
• In full view, thus publicly;
• As an owner would, thus unequivocally.

Is it necessary to go before a court?

An important fact must be remembered: after ten years, the acquisition of ownership occurs automatically. No judicial proceeding is required according to section 2819 C.C.Q. The Supreme Court confirmed this interpretation in Ostiguy v. Allie. However, a court action may be useful if the neighbour contests the situation. It is not necessary for prescription to take full effect, but it may be required to settle a conflict.

Why is this important for property owners?

Because a simple mistaken placement can result in a loss of land after ten years. A poorly placed shed, fence, or landscaping structure may be enough.

Hence the importance of :

• Regularly checking the boundaries of your property;
• Requesting an up-to-date certificate of location when purchasing or renovating;
• Proceeding with boundary determination when limits are uncertain;
• Intervening quickly if a neighbour encroaches on your land.

Conclusion

Acquisitive prescription may seem surprising, but it plays an essential role in real estate law. It stabilizes factual situations that persist over time when no one objects.

If you believe you may be facing an encroachment situation, it is important to consult a legal professional. Whether you are the owner or the possessor, they can evaluate your rights and remedies. To discuss your situation, contact our team.