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This blog was originally published under the name Athena Law Office of Athena Narsingh. We have since rebranded to Barnett Law. While our name has changed, our commitment to providing exceptional legal services remains unwavering.

What Are Squatters Rights Ontario?

by | Jan 31, 2025 | legal guidance | 0 comments

An illustration of what are squatters rights Ontario.

Squatters rights Ontario are legal rights that allow a person to claim ownership of a portion of your property. The relevant person must meet specific requirements before making a claim.

The government has been taking action to prevent squatter claims in Ontario. However, you may still suffer from such a problem.

If you want to know more about squatters rights Ontario, you’re in the right place. Let’s examine everything you must know about squatters and dealing with a claim.

What’s A Squatter?

A squatter is a person that is occupying a portion of your land without legal ownership. They may not have your permission to use the property portion.

Here are some examples of squatters in Ontario to help you understand:

  • A neighbour crosses the property boundary by placing a fence that is taking up your land portion.
  • Someone may live on your closed property for years while you’re away in another country
  • Tenants can turn into squatters if they stop paying rent, but still live on your property

Any person occupying your land without permission or without you noticing is a squatter. Such people can claim rights to your land, depending on specific conditions.

Differentiating Squatters From Trespassers In Ontario

Many people believe squatters and trespassers are the same, but that’s not true. Trespassers don’t have rights such as squatters rights Ontario.

A trespasser is a person who has entered your property illegally but doesn’t claim ownership of it. For example, a thief may have performed a robbery within your neighbourhood and hiding in a shed in your backyard.

Such an action is called trespassing because the thief didn’t have your permission to enter the property. This is not an example of a squatter because the person is not living on your property or using a portion for a long period.

Meanwhile, a squatter is a person who has been using your land portion without permission for years. Such a person may use squatter rights Ontario to claim ownership of that property area.

Do Squatters Have Rights In Canada?

Yes, squatter rights Ontario allow a squatter to file a claim for ownership of the area they’re squatting. These rights apply only to specific properties because the government has implemented measures to avoid squatter claims in recent years.

What Are Squatters Rights Ontario?

A list of the key requirements of squatters rights in Ontario.

You may be wondering what are squatters rights Ontario to understand the problems you may suffer because of them.

Squatters rights Ontario are rights that a squatter can claim legally. They can build a case that they should legally have ownership of the property portion they’re occupying.

The court may approve such a claim if the squatter can meet specific conditions. So, you must understand the following components to comprehend what are squatters rights Ontario:

Adverse Possession Ontario

Adverse possession is the key term for claiming ownership of land using squatters rights in Ontario. The government has set a specific period of a decade if someone wants to claim adverse possession.

This means the squatter must have possession of a specific area of your property for ten consecutive years. For example, a neighbour may build a shed that is on your backyard portion.

However, you may not have noticed the shed on your property line until today. In such a case, your neighbour can claim adverse possession of that land part if the shed has been there for more than ten years.

Of course, only adverse possession is not enough to claim squatters rights Ontario. The property must also meet a legal criterion that makes the occupation possible.

Property Law Changes Related To Squatters Rights Ontario

Recent property law changes in Ontario have made it impossible for someone to claim squatting rights on properties built after the 2000s.

That is because the Ontario Registry System has been replaced by the Land Titles Act. Properties that are registered under the latter act cannot suffer from squatting claims.

Even if your neighbour uses a portion of your land registered under the Land Titles Act for 20 years, they cannot claim its possession or ownership. You can also have such squatters removed from your property using legal action.

However, properties that are still under the old registry system can face squatting problems. This means if a neighbour is using a part of your property line that has been under the old system for ten years or more, they can claim rights for legal ownership.

Exception To The Land Titles Act For Squatters Rights Ontario

There is also a loophole in the Land Titles Act that can allow people to claim squatters rights Ontario. Most properties under the old registry have been converted to the Land Titles Registry.

Such conversion protects the property from future squatters but doesn’t offer security against past ones. For instance, a tenant-turned-squatter may be using your property for ten years before it is converted to the new system.

Let’s say you converted your property to the Land Titles Act in 1999. If the squatter has been using your land since 1985 till now, they can claim rights to adverse possession.

That is because the ten-year limit was fulfilled before the conversion. So any property that has been converted to the new system can suffer from squatting claims if the squatter fulfilled the adverse possession criterion before the change.

Squatters Rights Ontario Legal Criteria

Fulfilling legal requirements is just one-half of squatters rights in Ontario. Other conditions must also be met if a squatter wants to make a strong case for ownership.

A squatter must prove they have been taking care of the area they possess like an owner would do. For example, a neighbour using some portion of your land for parking space may be maintaining the area with renovations and fixing any pavement faults or other issues.

If a person is using a portion of your backyard for a shed, they may take care of the grass on that land. So a squatter must prove to the court they were acting like an owner to maintain the area.

Another thing a squatter must prove is that they were using the property portion openly. You may have seen a neighbour building a new fence to keep their property separate from yours.

However, you may not have noticed the actual fence is on your property line. Such an example shows open usage of your land by your neighbour.

How To Get Rid Of Squatters Ontario?

Understanding what are squatters rights in Ontario is necessary to realize the consequences you may face because of a claim. This is especially true if you’re a first-time home buyer and your property belongs to the old property register instead of the Land Titles Act system. 

So whenever you notice a squatter on your property, take action against them. Most properties in Ontario have been converted to the new system and the old one is not used anymore.

However, a few properties are yet to be converted. If yours is one of them, you must get rid of squatters to ensure they don’t fulfill the adverse possession criterion. 

  • Immediately Talk To The Squatter

The first thing you must do when you notice a squatter is talk to them. If your neighbour is occupying your land, they may not know about it. Sometimes letting them know can help resolve the issue without any legal action.

Your neighbour may be cooperative and agree to change the position of their fence, backyard shed, or other things. You should also take similar action if a previous tenant has turned into a squatter.

The tenant may ask you for some time to find a new place and leave your property. They may also immediately evacuate if you give them a warning of legal action.

So always talk to the squatter first because if the other party is complying, you can save money on legal notices and avoid troubling the police.

  • Send An Eviction Notice

If a squatter is not cooperative, you must send a formal eviction notice to them. This notice must be sent before you decide to take legal action or involve the police.

The document will serve as proof that you took action against removing the squatter, but they were not cooperative. Such notice will be helpful if the person has not met the adverse possession limit yet.

  • Involve Local Law Enforcement

You can also involve the local police to deal with squatters and get rid of them. This is especially true if a trespasser is trying to claim ownership of part of your land.

The police officials can warn the squatters and remove them from the premises if they’re causing damage or engaging in illegal activities. 

They can also help you if your deed is registered under the Land Titles Act and the squatter started occupying space after the registration.

  • Secure Your Property

Securing your property against squatters can help you get rid of them. For example, you can place security cameras around your property’s perimeter to notice any unauthorized access.

If you recently bought a house, you can place a fence around your property line. This will prevent any new squatters from causing trouble. 

Such people will not be able to claim ownership because new properties in Ontario come under the Land Titles Act system. However, the squatters may still cause nuisance and damage your property.

  • Talk To A Legal Expert

Once you have taken all actions against the squatter, but they still don’t give up the claim, talking to a lawyer is best. The expert will guide you in starting a lawsuit against the squatters.

They will also help you determine whether the squatter’s claim has a legal basis or not. For example, you may be a first-time home buyer. 

So you may not know whether your property was converted to the Land Titles Act after the completion of the adverse possession limit or before.

Squatters Rights Ontario: What Not To Do

Many homeowners believe they can do anything to avoid a squatter as long as they have the property’s ownership. However, that is not true. Your actions must be within the legal limits and you must not do the following things:

  • Blocking Utilities

Blocking utilities may seem a good idea to get rid of squatters. However, this action can endanger the occupant’s safety. In such cases, you may be liable to compensate the squatter for any damage you caused. It can also affect the ongoing lawsuit you’re battling to get rid of them.

  • Threatening The Squatter

Threats to a squatter will not be fruitful for getting rid of them. It can also weaken your case against the squatters rights Ontario claim. Instead, you should send formal notices to the occupant to deal with them legally or talk to them in the presence of lawyers.

FAQs

Can Police Remove Squatters In Canada?

Police can remove squatters in Canada if they’re performing illegal activities on the property. They can also remove the occupants if you have a court order against the squatters.

How Are Squatters Rights Ontario Claimed?

A squatter will have to prove they have been using your land openly for more than 10 years before its conversion to the new Land Titles system to claim squatters rights Ontario.

What Are The Problems Of Squatter Settlements?

Squatters can perform illegal activities on your property, cause overcrowding, and use up the necessary space that you require for parking or building a fence.

Can You Lose Your Property To Squatters Rights Ontario?

You can lose a portion of your property to squatters rights Ontario if the person can prove they were using the land for more than a decade before its conversion to the Land Titles system and caring for it like an owner.

Reach Out To Athena Law Office Immediately To Deal With Squatters Rights Ontario

The answer to what are squatters rights in Ontario is they are legal rights that a person may use to claim possession of a portion of your land. 

Dealing with squatters requires legal expertise, so reach out to us today to start a lawsuit against squatters occupying your property.

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Barnett Law
Barnett Law
Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
announcement

This blog was originally published under the name Athena Law Office of Athena Narsingh. We have since rebranded to Barnett Law. While our name has changed, our commitment to providing exceptional legal services remains unwavering.