Reforming the Law on Adverse Possession
Proposed Changes to the Lands Act
In 2020-21, CBA-NL, through our Legislation and Law Reform Committee, engaged in consultations with our membership and stakeholders, culminating in the report, Reforming the Law on Adverse Possession, which examines Section 36 of the Lands Act, 1991, and provides recommendations and draft legislation, as well as policy suggestions to resolve outstanding issues surrounding Crown Lands and private property claims.
Based on the historical root of title in Newfoundland and Labrador and the volume of possessory land claims in existence to the current day, CBA-NL recommends action be taken to amend Section 36 the Lands Act. The status quo is unsustainable and has resulted in a disconnect between law and practice, which is increasingly becoming an obstacle to the proper functioning of real estate law in Newfoundland and Labrador. We also recommend some manner of administrative process be established to deal with the volume of such claims that require resolution.
CBA-NL looks forward to engagement with government to address concerns identified in the report, which are of very real significance to the practicing bar of our province.
Documents
- Reforming the Law on Adverse Possession, Proposed Changes to the Lands Act (Full Report)
- Executive Summary
CBA-NL extends thanks to report author Gregory French, CBA-NL President (2020-21), as Chairman ex officio of Legislation and Law Reform Committee, and Committee members Adam Baker (Corner Brook, NL), Christopher Gill (St. John’s, NL), Keith Morgan (St. John’s, NL), and John O’Dea, Q.C. (St. John’s, NL) for their work and contribution to this report.
Contact
Ashley Woodford, Executive Director, Canadian Bar Association – Newfoundland and Labrador Branch
Tel: (709) 579-5783 Email: cba-nl@cba.org
The mandate of the CBA-NL Legislation and Law Reform Committee is to assist the Branch in pursuing improvements in the law and the administration of justice by: promoting consideration by the Branch of legal and policy issues that are of interest or concern to the legal community; to which the legal profession has a social or moral obligation to respond; and upon which the Branch can inform public debate.
See the CBA-NL Legislation and Law Reform Guide for more information.
Other recent CBA-NL advocacy work, statements and submissions can be found here.
CBA-NL members can submit their comments and suggestions for provincial Legislation and Law Reform and advocacy initiatives by emailing cba-nl@cba.org.