What constitutes "adverse possession in B.C." ?<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'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 "easement" on a portion(20%) of the property at that time, for "storage, Materials, Repairs & vehicular Parking, but wasn't too concerned with the "junk" etc., due to the Property in it's "entirety" was pretty run down, having been a "rental" for 20 years.<br />Having lived here now for 2 years, and done substantial Cleanup, Landscaping, Reno's and Lawn Grass, etc., I now realize that portion of my Land with the Easement on it, will continue to be a "junkyard".<br />I have no access to my "Easemented" Land, even though it adjoins my Land, because the "Dominant" 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 & Trailers W/no wheels(5), Tire Racks, Oil Barrels, etc., all of which haven't moved in a decade, present "problems" even walking !<br />The only "open" part, that I could "potentially walk on, is a Vegetable Garden, That is also Fenced off to foot traffic.<br />He's been retired also for many years.<br />Does he have a claim to My Easemented Property through "Adverse Possession" of the Easement Lands, due to the fact prior Owners of my Land said nothing ?<br />They were "landlords" simply renting this land out so didn't care I presume ?<br />Is there anything I can do to re-assert my "claim" 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 />
Asked about 3 years ago in British Columbia
Categories: Real Estate