Land has been in Ontario's Land Titles system for 40 years. A neighbour has openly used a path across it for the last 25 years without any registered easement. What is the effect under the Land Titles Act?
Correct Answer
D) No easement arises, since prescription cannot run against Land Titles land
Section 51(1) of the Land Titles Act provides that no right or interest in registered land that is adverse to the registered owner can be acquired by any length of possession or by prescription. Because the neighbour's use began long after the land entered Land Titles, no prescriptive easement arises. Easements that already subsist are overriding interests under s. 44(1), but no easement ever came into existence here.
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Under Alberta's Land Titles Act, an innocent buyer paid fair value and registered a transfer from a seller who had obtained title by fraud. What protection does the buyer have?
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