Alberta Introduces Bill to End Squatters’ Rights

A farm tractor and baler sit in a hay field on a misty morning near Cremona, Alberta, on Aug. 30, 2016. Jeff McIntosh/The Canadian Press

EDMONTON—The Alberta government introduced a new law on Dec. 5 to stop squatters from taking over someone’s land. If passed, private landowners would have the same protections previously only governments could use to defend against squatters.

Tyler Shandro, Alberta’s justice minister, said at a news conference on Dec. 5: “Albertans value their land. They work hard to earn it, they work hard to maintain it, and they work hard to improve it. It’s their home, their place of relaxation and recreation, and for some Albertans, like our farmers and ranchers, the land is also their livelihood.”

Shandro said the law needs to be changed to protect the property rights of landowners. Under current law, said Shandro, it’s possible for someone who has been squatting on land to go to court and potentially claim ownership, which in Alberta is called adverse possession.

Shandro said provinces that have the constitutional authority over property “must step up and defend property rights.”

Evict Squatters

If passed, Bill 3 will ensure that someone who is not the registered owner of a piece of property cannot try to take ownership by going to court. “It would save landowners from the worry that they currently have of losing their land and needing to monitor it to prevent people from taking possession,” said Shandro.

Existing laws say anyone “occupying” someone else’s land must be doing it visibly, preventing the actual landowner from using it, and the landowner must be aware of it. Landowners must ensure no one is using their land on an ongoing basis, monitor their property lines, and continually repair fences to prevent claims of ownership on their land.

Currently, the law in Alberta also allows someone who occupies a private owner’s land for 10 years to claim ownership of the land. Public land, municipal land, and irrigation districts are exempted from claims.

If the law passes, the registered owner of a piece of land would be able to get a court order to regain possession from a squatter at any time.

There have been previous attempts through private members’ bills to pass similar legislation, but all have failed.

Lawyer Peter Dobbie, property rights and farmers’ advocate for Alberta, said only a few jurisdictions in Canada still have “archaic” adverse possession laws on the books.

Bill 3, the Property Rights Statutes Amendment Act, 2022, will amend three other acts—the Law of Property Act, the Land Titles Act, and the Limitations Act—to eliminate Alberta’s adverse possession laws. These laws have been used in land disputes between neighbors over property lines, and also when someone starts living on another person’s land.

The Alberta government said that landowners have been asking governments to abolish adverse possession for over 10 years. The government has put out a fact sheet on the proposed bill and how it would affect landowners.

“The Canadian Bill of Rights passed in 1960, by prime minister John Diefenbaker protects ’the enjoyment of property and the right not to be deprived thereof except by due process of law.' Unfortunately, the Canadian Charter of Rights and Freedoms which was enacted in 1982 does not enshrine property rights for the individual.”

Paul McLauchlin, president of Rural Municipalities of Alberta, said: “Protecting property rights is crucial, especially in rural areas where property lines may not be easily visible. The Government of Alberta’s decision to no longer allow adverse possession will protect rural property owners and ensure that land titles remain the primary determiner of property ownership.”