Adverse Possession (“Squatter’s Rights”)

What is adverse possession (“squatter’s rights”)?

A “squatter” is a person who settles on or occupies a piece of Crown lands without any form of title. A squatter may acquire an interest in Crown lands if they can prove they have openly, notoriously, continuously and exclusively occupied a parcel of Crown lands. Acquiring an interest in Crown lands through occupation in this manner has historically been known as “squatters rights” or “adverse possession.”

If you and your predecessors have been in uninterrupted possession of Crown lands without benefit of title for the 10 years immediately prior to January 1, 1977, you may be eligible for a Crown grant or quitclaim under Section 36 of the Lands Act at a nominal cost. To be considered, you must apply for a Crown title as explained below.

Applications for adverse possession will not be accepted after December 10, 2029.

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How to apply for title based on adverse possession

Completing the application

  1. Carefully read the Guidelines for the Preparation of Applications for Crown Lands.
  2. You will be required to provide the location and approximate dimensions of the land. You must give enough information about boundaries so the land can be easily recognized. Also, provide the directions and distances of the boundaries, and who occupies the land around the property.
  3. You should consult the Department of Fisheries, Forestry and Agriculture’s Land Use Atlas as a resource tool to create a map to accompany your application. Mapping should include the location and dimensions of the property and identify the location of any structures that may be situated on the property. The map should also include other descriptive characteristics, such as proximity to landmarks, adjacent properties, waterbodies, and road distance to the highway or the nearest street.
  4. A non-refundable application fee will be required to complete the application.

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Declaration of applicant

  1. Before you submit your application, confirm that all information is accurate. It is critical that you provide full and complete information in your application.
  2. When completing the application, include all information about your own use and occupation of the property and any information available concerning occupation by previous owners. List all acts of possession and improvements (e.g. fences constructed, cultivation, etc.) that have been made to the land over the years. You may have to contact former occupants, if possible, to gather the necessary information. This is important because the application may be rejected if there is not enough information or if it is not correctly completed. Lack of information will also delay processing of the application.
  3. Documentation is necessary to provide proof of how the land was acquired. You must include all  deeds of conveyance, bills of sale, deeds of gift, wills or any other documents related to the property. For example, a tax certificate may be considered acceptable supporting documentation. Information on registered deeds of conveyance may be obtained from the Registry of Deeds. Applicants who are unable to provide necessary documentation should consider seeking legal advice to obtain the proper documents.
  4. If you are granted title to land based on false or misleading information, you run the risk of having the grant cancelled at any time in the future and may face prosecution for submitting a fraudulent declaration.

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Individuals in support of application

  1. You must obtain the consent of two individuals who have been familiar with the property since at least January 1, 1967, and are not members your direct family. These individuals may be contacted during investigation of your application, and must meet the following criteria:
    • Are fully acquainted with the property described in the application for grant of land under the Lands Act.
    • Are fully aware of the claim you are making concerning the use and occupation of the property.
    • Are able to provide clear and accurate information respecting the property, including any claim to the property by any other person either through occupation, improvements or otherwise, adverse to or inconsistent with your claim to any part of the property or to any interest in the property.

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Application process

Applications can be submitted through the Crown Lands Application Portal. If you require support to complete the application, please contact the Crown Lands Inquiries Line at 1-833-891-3249 or  crownlandsinfo@gov.nl.ca.

If your application is approved, a written approval to survey will be issued and you will have 12 months to have the land surveyed by a registered member of the Association of Newfoundland Land Surveyors. The cost of the survey is your responsibility and should only include the approved land. A survey should not be completed until you have received approval and your surveyor has received survey authorization.

Important: Boundary disputes can cause lengthy delay in issuing your title. Try to get occupants of all adjoining land to agree on the boundaries before the survey is carried out and have them confirm the boundaries at the time of the survey. If boundary disputes cannot be resolved, a Crown grant or quitclaim may not be issued.

Upon completion and acceptance of the survey, two (2) copies of the title document will be prepared and sent to you for signature. Both documents must be signed and returned to the Department of Fisheries, Forestry and Agriculture within the specified 90 days, accompanied by any required administrative fees.

The title documents will then be processed and formally issued, with one copy placed in the Crown Lands Registry for permanent storage and the other copy returned to you for your records.

Failure to submit your survey, signed documents and fees owing within the specified time periods will result in the cancellation of your application, in accordance with departmental policy.

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Fees

Application processing fee: $150.00 + HST = $172. 50

Document preparation fee: $300.00

Grant consideration: $500.00

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Definitions

Open, Notorious, Exclusive and Continuous Possession: “Open and notorious means actual, visible and obvious.” “So open and notorious as to give the true owner notice of circumstances such that the owner could not be presumed to be ignorant of the possession”. “Exclusive” means possession by the possessor to the exclusion of the owner and all other persons without interruption or dispute. “Continuous” means constant throughout the period, without interruption.

Acts of Possession: Examples of such acts which may be sufficient to establish a claim are: constructing buildings, living on or occupying the property, fencing, clearing, cultivating, and the grazing of animals. Some actual use and occupation of the property  must be shown.

Please note: This information is purely intended for the general guidance of applicants. It is not a legal interpretation, nor does it bind the Crown. Applicants with questions regarding how adverse possession relates to “good” or “marketable title” are strongly encouraged to speak to a lawyer who can provide additional information and guidance.

If you have any further questions concerning Crown lands or related matters, please contact the Crown Lands Inquiries Line at 1-833-891-3249 or CrownLandsInfo@gov.nl.ca.

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