Humber/Ontario Real Estate Course 1 Exam Practice

Which of the following statements is NOT correct regarding adverse possession?

1. Adverse possession is not possible under the old Registry system.

2. A claim of adverse possession requires a minimum time requirement of 10 years.

3. A claim of adverse possession is not possible under the Land Titles system.

4. Adverse possession is sometimes referred to as squatters' rights.

5. An adverse possession requires establishing use for a period of 20 years.

6. Adverse possession applies only to rural properties.

The correct answer is: Adverse possession is not possible under the old Registry system.

The correct statement regarding adverse possession is that it is not possible under the old Registry system. This system does not allow adverse possession claims since it requires that property ownership be demonstrated through registered deeds, and any occupant must have a recognized legal title to make a claim on the property. The other statements contain elements of truth regarding adverse possession but are not entirely accurate in framing the concept. For instance, while a claim often requires a specific period of time, the required time for establishing a claim under Ontario law is not 10 years; it is typically a longer duration in certain contexts. Additionally, while adverse possession may relate to the use of land without the consent of the rightful owner, the terminology "squatters' rights" can be misleading as it oversimplifies the legal process involved. Furthermore, adverse possession can apply to various types of properties and is not limited solely to rural lands. Ultimately, the correct answer emphasizes the limitations placed on adverse possession under the old Registry system, which helps clarify its application within different legal frameworks.