Adverse possession in b.c. ?

What constitutes &quot;adverse possession in B.C.&quot; ?<br />Is there a difference to a claim of Adverse Possession, if the Land is under Easement, or does the Easement strengthen the claim of Adverse Possession ?<br /><br />Here&#039;s my problem.<br />I purchased a Residential Property about 4 years ago, for the Wife and I to move to in Retirement. <br />I knew the Neighbor had an &quot;easement&quot; on a portion(20%) of the property at that time, for &quot;storage, Materials, Repairs &amp; vehicular Parking, but wasn&#039;t too concerned with the &quot;junk&quot; etc., due to the Property in it&#039;s &quot;entirety&quot; was pretty run down, having been a &quot;rental&quot; for 20 years.<br />Having lived here now for 2 years, and done substantial Cleanup, Landscaping, Reno&#039;s and Lawn Grass, etc., I now realize that portion of my Land with the Easement on it, will continue to be a &quot;junkyard&quot;.<br />I have no access to my &quot;Easemented&quot; Land, even though it adjoins my Land, because the &quot;Dominant&quot; has erected Various Fences, Chicken Wire, and JUNK to keep me out.<br />Even if I can access it, by walking around out on the Street, the various long abandoned Vehicles, Sheds &amp; Trailers W/no wheels(5), Tire Racks, Oil Barrels, etc., all of which haven&#039;t moved in a decade, present &quot;problems&quot; even walking !<br />The only &quot;open&quot; part, that I could &quot;potentially walk on, is a Vegetable Garden, That is also Fenced off to foot traffic.<br />He&#039;s been retired also for many years.<br />Does he have a claim to My Easemented Property through &quot;Adverse Possession&quot; of the Easement Lands, due to the fact prior Owners of my Land said nothing ?<br />They were &quot;landlords&quot; simply renting this land out so didn&#039;t care I presume ?<br />Is there anything I can do to re-assert my &quot;claim&quot; to my Land now that I own it ?<br />How can he Fence me off my Land, Easement or not ?<br /><br />Thx for any opinions<br />Bob<br />&nbsp;


Asked about 4 years ago in British Columbia
Categories: Real Estate

Answer Now

For Lawyers:
Join the Directory
for Free!

Learn More
Immigration Tim Bailey British Columbia Lawyer Tim Bailey Verified Lawyer Immigration to Canada is a matter of careful planning. Details

Connect with us:

Family Matters with Justice Harvey Brownstone - Watch Online TV ShowWatch Online TV Show
Tug of War - The Bestseller by Justice Harvey Brownstone d.g. bremner & co. - Menswear and Accessories
Russell Alexander - Collaborative Family Lawyers MacLean Family Law Group - We can't protect your heart, but we can protect your rights