Humber/Ontario Real Estate Course 1 Exam Practice

Why won't Patel be granted ownership of Wilson's land by adverse possession after 15 years?

1. The property is registered under Land Titles.

2. Patel's possession time exceeds the 10-year minimum period.

3. Patel's possession time does not meet the 20-year minimum period.

4. Wilson was aware of Patel's occupancy.

The correct answer is: The property is registered under Land Titles.

Patel will not be granted ownership of Wilson's land by adverse possession because the property is registered under Land Titles. In Ontario, under the Land Titles system, if a property is registered, it means that ownership is conclusively established with the title registered in the Land Titles office. Adverse possession applies to unregistered land, allowing a claim for ownership if certain criteria are met, including continuous possession for a specific period. However, once land is registered, a claim of adverse possession cannot prevail against the registered owner, which in this case would be Wilson. The acknowledgment that Patel's possession time exceeds the minimum period is irrelevant because the main requirement of having unregistered land is not met. Similarly, even if Patel's possession time did meet a required duration, the registered title would still take precedence. Awareness of Patel's occupancy by Wilson also doesn't affect the inability to claim adverse possession under Land Titles, since the process requires that the possession be without the owner's permission.