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Under current Alberta law, what must a person show to acquire title to registered land by adverse possession (squatter's rights)?

Correct Answer

C) No new claim can succeed, because Alberta abolished adverse possession in 2022

The Property Rights Statutes Amendment Act, 2022 abolished adverse possession in Alberta. Section 69.1(2) of the Law of Property Act now provides that no right or title in land may be acquired by adverse possession, and s. 3.2 of the Limitations Act removes any limitation period for recovering possession of land. Only claims already started before the 2022 amendments may continue under the old 10-year rule (Land Titles Act s. 74.1).

Answer Options
A
Continuous occupation for 10 years with payment of property taxes
B
Continuous occupation for 20 years with improvements to the property
C
No new claim can succeed, because Alberta abolished adverse possession in 2022
D
A court application after 15 years of exclusive occupation of the land

Why This Is the Correct Answer

Alberta abolished adverse possession in 2022. Law of Property Act s. 69.1(2) bars acquiring any right or title in land by adverse possession, and Limitations Act s. 3.2 removed the limitation period for recovering possession, so no new claim can succeed however long the occupation lasts.

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Key Terms

adverse possessionsquatter's rightsLaw of Property Act s. 69.1Limitations Act s. 3.22022 amendments
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