Adverse Possession Law - WET 219 - Applied Water Law - Indigenous Rights

British Columbia - Adverse Possession Law

The adverse possession is also known as "squatter's rights" was abolished in British Columbia effective June 1, 2013.

According to Section 28 of the British Columbia Limitations Act, a person cannot acquire land through adverse possession. However, the act does not interfere with adverse possession of:

Any right or title to land acquired by adverse possession prior to July 1, 1975. Thereby potentially affecting Indigenous lands acquired via adverse possession.
Parcel of land with unregistered interests.

McNeil, K. (2012). Aboriginal Title in Canada: Site-Specific or Territorial. Canadian Bar Review, 91(3), 745–761.
This article describes three different approaches to Aboriginal title in Canada: (1) a common law approach, whereby title is based on physical occupation and defined by the common law; (2) an Indigenous law approach, whereby it is based on and defined by Indigenous law; (3) a territorial approach, whereby it is based on occupation of territory by effective control, manifested in part through the exercise of governmental authority. The author argues that the third approach, "territorial Aboriginal title," is consistent with the Supreme Courth 1997 decision in the Delgamuukw case, and supports an inherent right of self-government because it includes jurisdictional elements as well as property rights. He suggests that the Court should follow this approach in its important upcoming decision in the Tsilhqot'in Nation case. See pages 757 - 759 for the discussion on Adverse Posssession.