There have been several news reports recently that highlight the oftentimes tense relationship between landlords and tenants. Whether these articles were written to attract attention or crafted to offer genuinely well-meaning cautions, these reports often took on an alarming tone. So, chances are that you have heard of the term “squatters’ rights”. This label seems to have evolved into be a pop culture term that is now used to cover anyone that wasn’t paying their rent on time. That is wrong. The reality is that the term actually covers what is known in property and legal circles as “adverse possession.” Today, let’s talk about adverse possession, or squatter’s rights, when they are invoked, and what you can do as a homeowner to prevent this.&nbsp;However, before we start and as we always make clear to recommend, if you have a situation that is concerning to you, please consult a qualified legal expert. This article is meant to provide general information and should not be viewed as formal legal advice. Every situation is different and sure to be more complicated than what we are able to cover here.&nbsp; &nbsp;&nbsp;Adverse possession is the legal concept in property that states if someone has been occupying an area of land owned by someone else for a certain period of time, 10 years in Ontario, they may acquire rights to that land or a portion of that land. Adverse possession can be invoked in a range of circumstances, whether you have been occupying a small area of land such as parking your car on someone else’s land or your fence was deliberately set slightly over the property line, to whether you have been occupying large areas of someone’s property like a field.&nbsp;The key here is the 10-year limitation period. This means that the owner of the property has 10 years to identify the problem, seek a remedy, and/ or follow the procedures to have the squatter kicked you out. If the 10-year mark passes and the other requirements of adverse possession are met, then the adverse possessor may acquire rights to that land. Essentially, the law suggests that if you don’t do anything about the adverse possessors on your property for 10 years, you could lose the right to complain.&nbsp;There are other requirements for adverse possession. These include the requirement that the occupation be open and notorious. You can’t sneak into the property and hide; you need to at least give the land owner the opportunity to object. Also, the adverse possessor needs to have an intention to exclude the original owner. This also tells us that you can’t acquire land through adverse possession accidentally. (Was the fence placement a mistake or was it intentional?)&nbsp;Another common and derogatory use for the term “squatters” is in reference to tenants. Tenants get called squatters when they have been evicted and do not move out. For everyone’s protection, landlords must follow the rules for rightfully and lawfully evicting their tenants. If they do not follow the rules, the tenant may still have a right to be there and they are not a squatter.&nbsp;So, how do you prevent squatters from becoming comfortable on your property? The simple solution is to know your property’s boundaries and check them regularly. The most work you will have to do is when a squatter is already in your property. Like most things in life, prevention is preferable to cure. (At least it’s easier and cheaper.)&nbsp;What if you have to evict a squatter? You need to file for eviction and give the squatter notice. In the interim you can call the police and file a report related to trespass, but an eviction notice is the most important thing you can do to begin the documentation and create a paper trail. This is especially important as it records the objection in relation to the 10-year period.&nbsp;When you have been wronged, it is a natural reaction to become angry. However, please do not take the law into your own hands. Government processes may seem slow and outrageously expensive to manage, but in most cases they do work – at least eventually.&nbsp;&nbsp;&nbsp;

Squatters Rights and Adverse Possession Explained:  The lurking dangers every homeowner needs to know

Discover the truth behind 'Squatters' Rights' and adverse possession. Learn how to protect your property from unwanted occupants with RIFO

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