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Crown Land Administration
Definition
of Adverse Possession
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Requirements for a Claim to Crown Land Under
Section 37 of the Crown Lands Act
The conditions
which must be fulfilled to perfect a possessory claim to land are actual,
open and notorious, continuous and exclusive possession and enjoyment
of the land in a fashion which is adverse to the title of the owner. The
onus is on the claimant to prove valid possession of the property by meeting
all the above conditions, that is, reliance is placed on the strength
of the claim, not the weakness of the owner's possession. Against the
Crown, the period is 40 years.
The materials needed to support a claim
of adverse possession can be assembled in the following four categories:
- The factual basis of the claim must be presented in detail by way
of a statutory declaration from the claimant and a supporting declaration
from an independent third party stating their means or sources of knowledge
of the alleged facts;
- Evidence must be provided as to when the land under claim was first
occupied; by whom the occupation was made and the circumstances; the
location and nature of fences, buildings or other structures defining
the limits of occupation; the conditions of these structures from time
to time and the maintenance carried out and by whom; the means of access
to the land; the improvements that have been made to land and buildings
with approrpiate dates and names of individuals and the purpose for
which the applicant uses the land.
- If the applicant claims through predecessors in title, verification
of previous occupation by way of statutory declaration.
- A plan is an essential part of the application. The plan must show
limits of the occupation on which the claim is based; the relation
of these limits to the original boundaries of the parcel, roads, lands,
paths, or other means of entry to the land; the location and description
of all buildings; the actual land use such as pasture, cultivated field,
garden etc., and any apparent easements, rights of way, or encroachments.
For more information, please contact the Registrar of Crown Lands, Crown Land Information Management Centre, Department of Natural Resources, PO Box 2345, Halifax, Nova Scotia, B3J 3C8 , (902) 424-3171, or e-mail benedida@gov.ns.ca. |
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