The boundaries of a property are often managed based on a friendly relationship with our neighbors, without paying attention to the inherent rules of prescription set out in the Quebec Civil Code.
In 1994, 14 years after acquiring a plot of land, a Owner signs an agreement with his Neighbor, owner of another parcel of land, regarding an adjacent portion to their respective properties on which, since 1981, the Owner has been cleaning, planting, and setting up picnic tables, flower boxes, etc. This agreement states that if either party succeeds in purchasing this adjacent portion from the Canadian State, which is surrounded by their respective lots, they agree to share it with the other.
Four years pass and in February 1998, the Neighbor secretly acquires the adjacent portion. Nine years later, the Neighbor informs the Owner that they have acquired said adjacent portion and refuses to cede any part of it, despite the written agreement of 1994.
The Owner turns to the Court* and requests to be recognized as the owner of the adjacent portion through prescription due to their possession. Recall that judgments on prescription establish ownership, and a possessor does not become an owner once the prescription has run, but only through the appropriate legal recourse.
The Court concludes that the evidence demonstrates that the Owner had beneficial possession for ten uninterrupted years. They began to prescribe in February 1998, when the land ceased to be part of the Canadian State's heritage, and the ten-year prescription was therefore acquired in February 2008. The court attributes ownership of the adjacent lot to the good faith possessor, namely the Owner, not the Neighbor.
To avoid fencing disputes, it is preferable to ensure that your neighbor's occupation does not encroach on your land.
*C.A. 200-09-008232-149
