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In Billimoria v. Mistry<\/em><\/a>, the court founds that Real Property Limitation Act<\/em><\/a>‘s adverse possession provisions apply to situations of co-ownership.\u00a0 One co-owner may claim under the RPLA that another co-owner has been dispossessed of the property and is precluded from a claim to it because his or her rights have been extinguished:<\/p>\n [<\/a>63]\u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0Section 4 of the\u00a0RPLA<\/i>\u00a0establishes a 10-year limitation period for a dispossessed owner to bring an action to recover possession, once the right to bring the action has accrued.\u00a0 Section 5 is concerned with situations in which the holder of the paper title and has been dispossessed or has discontinued possession.\u00a0 It provides that the right to bring an action begins at the time of dispossession or discontinuance of possession.\u00a0Section 15<\/a>\u00a0provides that if the dispossessed owner has not attempted to recover the land within ten years after the right to bring the action accrued, the right and title of the owner of the land is extinguished:\u00a0Osman v. Heath,<\/i>\u00a02016 ONSC 4812<\/a>\u00a0at para.\u00a049<\/a>.<\/p>\n<\/blockquote>\n<\/div>\n [<\/a>64]\u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0The principals respecting adverse possession are well-established in the jurisprudence.\u00a0 \u00a0In\u00a0Nelson (City) v. Mowatt,\u00a0<\/i>2017 SCC 8<\/a>\u00a0at para.\u00a017<\/a>, Brown J. explained that adverse possession is the common law doctrine \u201cby which the right of a prior possessor off land, typically the holder of the registered title and therefore sometimes referred to as the \u201ctrue owner\u201d, may be displaced by a trespasser whose possession of the land goes unchallenged for a prescribed period of time\u201d.<\/p>\n<\/div>\n<\/blockquote>\n [<\/a>65]\u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0This case here does not involve a trespasser.\u00a0 It involves one co-owner and possessor of the land who seeks to displace ownership of another co-owner who is said to have been dispossessed of the property.\u00a0 I do not accept the defendants\u2019 position that the\u00a0RPLA\u00a0<\/i>is inapplicable to situations of co-ownership.\u00a0 I see no legal impediment to one co-owner making a claim, under this legislation, that his or her co-owner has been dispossessed of the property for ten years and, as a result, is precluded from making a claim to it because his or her rights over the land were extinguished.<\/p>\n<\/blockquote>\n<\/div>\n","protected":false},"excerpt":{"rendered":" In Billimoria v. Mistry, the court founds that Real Property Limitation Act‘s adverse possession provisions apply to situations of co-ownership.\u00a0 One co-owner may claim under the RPLA that another co-owner has been dispossessed of the property and is precluded from a claim to it because his or her rights have been extinguished: [63]\u00a0\u00a0 \u00a0\u00a0 … Continue reading Ontario: co-owner dispossession under the RPLA<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[523,345,641],"class_list":["post-1225","post","type-post","status-publish","format-standard","hentry","category-ontario","tag-adverse-possession","tag-ontario-real-property-limitations-act-s-4","tag-ontario-real-property-limitations-act-s-5"],"_links":{"self":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/1225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1225"}],"version-history":[{"count":1,"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/1225\/revisions"}],"predecessor-version":[{"id":1226,"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/1225\/revisions\/1226"}],"wp:attachment":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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