Canadian property law
Squatters' rights in British Columbia: can possession ever become ownership?
No, with narrow exceptions. Section 28 of the Limitation Act says no right or title in land may be acquired by adverse possession, and section 23(3) of the Land Title Act says the same for registered land.
14 days before the first charge · Nothing is switched on until you say so
- Statutory period
- Abolished
- What's different here
- abolished in 1975, with older rights preserved
- Statute
- Limitation Act, SBC 2012, c 13, s 28; Land Title Act, s 23(3)
British Columbia runs a Torrens land title system, in which the register itself is the proof of ownership. Section 23(3) of the Land Title Act provides that after an indefeasible title is registered, a title adverse to the registered owner is not acquired by length of possession.
The Limitation Act closes the door for unregistered situations as well. Section 28 says that, except as specifically provided by an Act, no right or title in or to land may be acquired by adverse possession. The abolition dates back to 1975, and rights to land acquired by adverse possession before July 1, 1975 are preserved, which is the rare case where an old claim can still matter.
The practical question for an owner in BC is therefore removal, not loss of title. A person with no tenancy is a trespasser, and the Residential Tenancy Branch has no jurisdiction over them. Where the occupant may hold a tenancy, the Residential Tenancy Act governs ending it, and a landlord cannot simply change the locks.
Where British Columbia sits against the rest of Canada, in years
Here possession cannot become ownership on any clock, so there is no bar to draw.
How it unfolds
From the day someone moves in to the day a claim is possible
The same three stages in most places. The exact rule, and whether the last stage exists at all, is on each place's own page.
- Day oneMoving inCaught in the act, it is usually a matter for the police: a trespass, not a tenancy.
- Weeks to yearsSettled inOnce someone lives there, removing them usually takes a court order, the same route as for a tenant.
- After the full periodA claim becomes possibleOnly if every test held, without a break, for the whole period. Where the law allows no such claim, this stage never comes.
Not yours to do, once they have moved inChanging the locks, cutting the water or power, or removing belongings yourself. It is illegal in every US state and most places on these pages forbid it too. Each page says how removal works there.
Before it is ever a court case
The record a court asks for, kept as you go
Wherever your property stands, removing an occupant usually comes down to showing who had the right to be there, and since when. Dardaris files every lease, message and document for a building by date, so that record already exists on the day you need it.
- Every lease, with who signed it and when
- Every message with a tenant, on the thread it was sent in
- Every document, filed against the building it concerns
Frequently asked questions
Are there squatters rights in BC?
Not in the sense of gaining ownership. Adverse possession was abolished in British Columbia, now under section 28 of the Limitation Act, and the Land Title Act protects registered owners against any length of possession.
Is there any adverse possession claim left in BC?
Only for rights that had already been acquired before July 1, 1975, which the Limitation Act preserves. A claim based on possession that started after that date cannot produce title.
How does a BC owner remove a squatter?
Someone with no tenancy is a trespasser, so the route is the police under the Trespass Act or a possession order from the courts. If the person may be a tenant, the Residential Tenancy Act applies and the tenancy has to be ended through its process, not by changing the locks.
Elsewhere in Canada
The same question, on a different clock. Every place sets its own period and its own shortcuts.
This is general information, not legal advice.Laws change, and a county or a city can add its own wrinkle on top of the state rule, the way New York City does. Confirm the current rule for your address before acting on it, and talk to a local attorney before relying on any of it in a real dispute.
Know who is actually in your property, before it becomes a court case.
Hand over one building and see every lease checked against what is actually happening on the ground.
14 days before the first charge · Nothing is switched on until you say so