The Fence Is in the Wrong Place, the Neighbour Took My Land — Boundary Disputes and Adverse Possession in Ontario
Under the Land Titles system, taking someone’s land by "possessing it for ten years" almost never works today — but old claims may survive
The neighbour’s fence is on my land — can they take it by "possessing it for years"?
In today’s Ontario, taking someone’s land by adverse possession almost never works — but it depends on when the land was converted to Land Titles. Per the Real Property Limitations Act, adverse possession requires continuous, open, exclusive, uninterrupted possession for 10 years. But per the Land Titles Act, when most Ontario land was converted to the Land Titles system (largely completed around 2010), the clock stops — no new possessory rights arise after conversion, and only claims that already matured (ran the full 10 years) before conversion are protected. Fence, driveway, and landscaping encroachments are the most common settings.
Sources: Ontario Real Property Limitations Act (10-year period); Land Titles Act (conversion stops the clock); Supreme Court of Canada Kosicki v. Toronto (City) (2025, adverse possession of municipal land); Ontario real estate law practice (June 2026).
“That fence has always been there, twenty years now” is what I hear most in boundary disputes. Many people assume possessing a strip long enough lets them claim it (so-called squatter’s rights), but under Ontario’s Land Titles system that path is essentially closed today. Here’s the real status of adverse possession in Ontario, the common dispute settings, and how buyers should check and protect themselves.
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The 10-year rule: a high bar for adverse possession
⚠️A fence is not the boundary. The boundary is set by a licensed surveyor’s survey. A long-standing fence may simply have been built in the wrong place — don’t judge “where the boundary is” by “where the fence is,” and don’t buy, sell, or build on that basis.
Land Titles "stops the clock": it almost never works today
The old-claim exception: claims that matured before conversion are protected
ℹ️The trend is tighter, not looser. The Land Titles clock-stop plus the 2025 Kosicki decision point the same way: claiming land by adverse possession in Ontario keeps getting harder. Any “I’ve possessed it for years so it’s mine” expectation should be verified by a real estate lawyer before buying — never assumed.
2025 tightening: Kosicki v. Toronto
What buyers should do: rely on the survey, lawyer up if disputed
Frequently Asked Questions
If a neighbour occupies my land for years, does it become theirs?
In today’s Ontario, almost never. Per the Land Titles Act, once land entered the Land Titles system (mostly around 2010) the clock stops — new adverse possession can’t ripen into title unless the 10 years ran out before registration.
What does adverse possession require?
Per the Real Property Limitations Act, 10 continuous years of open, notorious, peaceful, adverse, exclusive, actual, and continuous possession. A fence is strong evidence but not strictly required. The bar is high.
So why do successful cases still come up?
Because they almost all rely on historical possession that completed the 10 years before conversion into Land Titles and had already crystallized. That’s the old-claim exception — not something recent occupation can replicate.
How do I avoid boundary disputes when buying?
Rely on the survey, not the existing fence; watch for encroachment signs; if disputed, get an SRPR and consult a real estate lawyer. Settling the boundary at the deal stage beats litigating after closing.
Discover more from GTA Real Estate Broker | Arthur Zhao
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