What is the test for adverse possession of real property?

Prince Edward Island, Canada


The following excerpt is from Bassett v. Mitton, 2012 PECA 13 (CanLII):

The question of whether there has been sufficient adverse possession of the kind required to run against the legal owner is a question of fact to be decided in each case. The acts of possession necessary to dispossess an owner vary from case to case. The factors to be used to determine the sufficiency of possession are the character and value of the land, the suitable and natural mode of using it, and the course of conduct which the legal owner might reasonably be expected to follow with a due regard to his own interests. See: Anger and Honsberger: Law of Real Property 3rd Ed., vol. 2, ch.29-20 and MacKinnon v. Bate, 2003 PESCAD 17, ¶12.

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