Adverse Possession

[nobbie48]

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The subject appeared before but has anything happened to the laws?

In one case in Toronto a person bought a property and was told the fence on one side was in the wrong spot. Once you have the paperwork you can apply to get the fence moved.

The guy on the other side of the fence fought back and the challenger had to eat a massive legal bill.

Instead, the buyer should have told the seller to get the fence moved if they want full payment.

In Brandon Manitoba my uncle bought a partially completed house when the guy building his retirement bungalow died. Years later he wanted to put in a second driveway and the owner to his north agreed to sell him ten feet of property. They were spacious lots. A resurvey showed my uncle's house already on the piece of land so he never got the extra driveway. Life goes on.

Many decades later the uncle moves into a seniors home and his younger brother tales over the place. Younger brother has an motor-home and wants to park it on the ten feet of land the neighbour to the south thinks he owns. The southern neighbour went to his lawyer and was told sorry, it's not yours and my younger uncle got his parking spot.

So in Hamilton Ontario, what if you don't stand your ground regarding a funny knob of land that is yours but looks like it might belong to someone else?

 

[GreyGhost]

The subject appeared before but has anything happened to the laws?

In one case in Toronto a person bought a property and was told the fence on one side was in the wrong spot. Once you have the paperwork you can apply to get the fence moved.

The guy on the other side of the fence fought back and the challenger had to eat a massive legal bill.

Instead, the buyer should have told the seller to get the fence moved if they want full payment.

In Brandon Manitoba my uncle bought a partially completed house when the guy building his retirement bungalow died. Years later he wanted to put in a second driveway and the owner to his north agreed to sell him ten feet of property. They were spacious lots. A resurvey showed my uncle's house already on the piece of land so he never got the extra driveway. Life goes on.

Many decades later the uncle moves into a seniors home and his younger brother tales over the place. Younger brother has an motor-home and wants to park it on the ten feet of land the neighbour to the south thinks he owns. The southern neighbour went to his lawyer and was told sorry, it's not yours and my younger uncle got his parking spot.

So in Hamilton Ontario, what if you don't stand your ground regarding a funny knob of land that is yours but looks like it might belong to someone else?

Adverse possession/squatters rights/etc are almost impossible in most of Ontario. When Ontario moved to the Land Titles System (substantially complete around 2000), that locked in property boundaries to those specified in the database. You need to prove that you occupied the land for at least 10 years prior to ~2000. That's a high bar for most situations. There are still some properties in Northern Ontario that are not in the database and therefore clock for adverse possession is much shorter (10 years before now). There is a supreme court decision that addresses municipal land (eg Oakville/hamilton residents that expanded their yards over parks and then whine when the municipality tells them to get back on their side of the fence).

 

[Mikedezo44]

I have a feeling this guy knew exactly what he was doing but thought if he spent enough, and made it look nice enough maybe they would look away...not sure the status of it but hope it gets torn down.

Owner of unauthorized dwelling on Hamilton parkland faces demolition

The Hamilton man who built a $400,000 driveway and garage on city property shared his side of the story with CHCH News.

www.chch.com

 

[GreyGhost]

I have a feeling this guy knew exactly what he was doing but thought it he spent enough, and made it look nice enough maybe they would look away...not sure the status of it but hope it gets torn down.

Owner of unauthorized dwelling on Hamilton parkland faces demolition

The Hamilton man who built a $400,000 driveway and garage on city property shared his side of the story with CHCH News.

www.chch.com

In the Arbutus corridor in BC, many residents had expanded their rear yards into a rail corridor that was unused. Rail company told people to gtfo. Entitled owners played karen and whined about their gardens and memory areas and sheds. Rail company ran bulldozers through the corridor to clear their land for potential rail use or transfer to a new owner. Residents lost their minds. I thought it was funny. Wankers. Lots of people want the neighbouring owner to sign over the land they stole but they expect the price to be closer to a handshake and a chocolate bar than fair market value. Whining is a lot easier than ponying up hundreds of thousands of dollars to buy the land you were squatting on.

EDIT:
As for Tarasca, pool house is down. Parkland is supposed to be restored this spring. Being a pompous ass likely cost him $500K

Demolition of illegal ‘fancy garage’ in Upper Stoney Creek underway

Joe Tarasca had previously appealed a city order to demolish a contentious “fancy garage” he built on city land along the Red Hill Valley.

www.thespec.com

 

[nobbie48]

I have a feeling this guy knew exactly what he was doing but thought if he spent enough, and made it look nice enough maybe they would look away...not sure the status of it but hope it gets torn down.

Owner of unauthorized dwelling on Hamilton parkland faces demolition

The Hamilton man who built a $400,000 driveway and garage on city property shared his side of the story with CHCH News.

www.chch.com

Owner claims he's not the only one.

Years ago the neighbor of a friend did a illegal curb cut, the city noticed and restored the curb.The owner protested saying he wasn't the only one, giving the inspector a list of all the other nearby infractions.

The inspector said "Thank you. It'll save me a lot of time."

Not only did the guy lose his illegal change his picture was on every dartboard in the neighbourhood.

 

[GreyGhost]

Owner claims he's not the only one.

Years ago the neighbor of a friend did a illegal curb cut, the city noticed and restored the curb.The owner protested saying he wasn't the only one, giving the inspector a list of all the other nearby infractions.

The inspector said "Thank you. It'll save me a lot of time."

Not only did the guy lose his illegal change his picture was on every dartboard in the neighbourhood.

I blame municipalities for that garbage. Going 100% complaint based for by-law pits neighbours against each other. I understand they don't have unlimited time to investigate but if by-law is in a neighbourhood to deal with a curb cut/parking/shed/fence/etc, at the very least inspect all other houses on that block and ticket accordingly. Most of the time, that will spray &^%t back on the complainer. People may start talking to their neighbours about issues instead of throwing them under the by-law bus.

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