Humber/Ontario Real Estate Course 1 Exam Practice

Which scenario would lead to granting adverse possession?

1. 18 years of possession under Registry System

2. 16 years of possession under Land Titles

3. 12 years of unnoticed possession

4. 10 years of uncontested possession

The correct answer is: 10 years of uncontested possession

Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, typically involving a period of continuous and open use of the property without permission from the original owner. The aim is to provide a mechanism for land to be put to productive use while discouraging landowners from neglecting their property. In the context of the provided scenario, the principle of ‘uncontested possession’ aligns directly with the requirements typically considered for adverse possession claims. When someone remains in possession of a property for a period without any challenges from the actual owner, it supports the notion that the possessor may be treating that property as their own, thus leading to an assertion of rights over the land. Uncontested possession signifies that the original owner has not taken action to reclaim the land, which demonstrates a lack of intention to maintain ownership. This scenario equates to the required duration set forth in laws governing adverse possession, which varies depending on jurisdiction. The other scenarios, despite involving prolonged possession, either do not meet the duration or the circumstances that would legally allow for a claim of adverse possession due to factors such as the type of land tenure system or the lack of necessary legal frameworks backing the possessing party’s claim. Therefore, uncontested possession