Several jurisdictions in Canada do not allow the doctrine of adverse possession to exist or
have curtailed its application. What happens when an owner builds an encroachment and
by mistake no one finds out for 20 or 30 years? Is the only solution to tear the structure
down?
In jurisdictions where the doctrine of adverse possession does not exist or has limited application, the situation you described may result in the owner being required to remove the encroaching structure. Adverse possession typically allows someone who has occupied and used another person's property openly and without objection for a certain period of time to potentially claim legal ownership.
However, in jurisdictions that do not recognize adverse possession, the legal owner's rights to the property are usually protected regardless of the length of time the encroachment has been in place. In such cases, the owner may choose to take legal action against the encroacher to have the structure removed.
It's important to note that laws and regulations regarding property and encroachments can vary from jurisdiction to jurisdiction. Therefore, it is advisable to consult with a local attorney or legal professional to get specific advice based on the jurisdiction in question.