How transfers of interests in Land occur

Question

How transfers of interests in Land occur?

Answer 1

A person may dispose of interests in land during his or her lifetime by transferring them to another in a deed of conveyance (deed). On the death of a person, land will pass either under the Will or according to the statutory rules of inheritance. There could also be a compulsory transfer of land (expropriation) to the government for public purpose, for which the government must pay appropriate compensation.

A person may acquire title to land by adverse possession. To do so, he must stay in exclusive possession of the land, using it as an owner and ignoring the claims of other persons including the true owner. Possession must be open, notorious, and continuous. An example of adverse possession would be if a neighbour built a fence on your property or had a portion of his garage on your property. Adverse possession is based on a wider principle, the law of limitations, whereby a person who has a right of action against another will lose that right if it is not pursued within a specified period of time. To prevent acquisitions by adverse possession, a property owner must interrupt the other's possession before the limitation period (10 years in Ontario, 20 years in other jurisdictions) elapses by ejecting the possessor, demanding and receiving rent, or receiving a signed acknowledgment that he is using the property with permission. Adverse possession is not possible in most land titles systems.