For 25 years a neighbour has openly used and maintained a strip of a BC homeowner's lot as a garden, without permission. The lot has had a registered indefeasible title for decades. Under the Land Title Act, can the neighbour acquire title to the strip by adverse possession?
Correct Answer
A) No; after registration, title is not acquired by length of possession
Land Title Act s. 23(3) states that after an indefeasible title is registered, a title adverse to the registered owner's title is not acquired by length of possession, and s. 24 abolishes acquiring rights by prescription. However long the neighbour's use has lasted, it cannot defeat the registered title.
Why This Is the Correct Answer
This answer is correct. Under Land Title Act s. 23(3), after an indefeasible title is registered, title adverse to the registered owner cannot be acquired by length of possession. The registered owner keeps the strip regardless of the neighbour's 25 years of use.
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