The Alberta government is fulfilling a platform commitment to abolish adverse possession, also known as “squatter’s rights,” with the introduction of Bill 3..Adverse possession, commonly called "squatter’s rights," allows a person who has occupied another’s land for at least 10 years to go to court and potentially claim ownership of that land. .The claims are restricted to private landowners. Public land, municipal areas, and irrigation districts are exempted..Alberta's government introduced the Property Rights Statutes Amendment Act on Monday. which would abolish the ability of squatters to make a claim and give private landowners the same protections once reserved for government..The proposed bill amends the Law of Property Act, the Land Titles Act, and the Limitations Act..For more than a decade, advocates have been asking governments to abolish adverse possession. The Alberta government formed the Select Special Committee on Property Rights to conduct research and hear from Albertans on this topic in 2021. .The committee tabled its final report in June, recommending adverse possession be abolished..“The Canadian Bill of Rights, passed by Prime Minister Diefenbaker in 1960, protects the ‘enjoyment of property, and the right not to be deprived thereof except by due process of law," said Alberta Justice Minister Tyler Shandro. .If these changes pass, people will no longer be able to go to court to claim adverse possession of land they are occupying. If someone is possessing land for which they are not the registered owner, the registered owner can get a court order to regain possession at any time.."It is not possible to know for sure how often squatting occurs in Alberta because it may not always go to court or get reported," said the Alberta's government. ."However, when it does occur, it can create stress for landowners about the possibility of losing their land and needing to monitor and protect it to keep people from taking possession, for example by monitoring property lines and continually fixing fences.".The Alberta Law Reform Institute listed nine cases in the eight years up to 2020. However, there may be cases not listed, and the exact number of adverse possession court cases is unknown.."Unfortunately, the Canadian Charter of Rights and Freedoms, enacted in 1982, failed to enshrine property rights for the individual," said Shandro.."Alberta is stepping up by introducing a bill to abolish adverse possession and restore the rights of Alberta’s property owners." .Adverse possession has been eliminated or significantly eliminated in jurisdictions that operate a land titles system similar to Alberta’s. In Saskatchewan, New Brunswick and the Yukon, adverse possession has been abolished..Squatter's rights have been removed in British Columbia, Ontario, and Manitoba, except in specific situations when the claim occurred before the land was first registered as land titles.
