What is the difference between a claim in adverse possession and a claim to an easement
by prescription? Why are both often argued at the same time and what would the
difference mean to the claimant if one or the other were successful in court?
6. Several jurisdictions in Canada do not allow the doctrine of adverse possession to exis
Adverse possession refers to the legal concept where someone gains ownership of another person's property by openly occupying and using it for a certain period of time without the owner's permission. On the other hand, an easement by prescription is a legal right to use someone else's property for a specific purpose without owning it, which is acquired through continuous and uninterrupted use over a long period of time.
Both adverse possession and easement by prescription involve the concept of acquiring rights over someone else's property through long-term use. They are often argued at the same time because the claimant may argue that they have acquired a right to use someone's property through adverse possession, and even if they don't have ownership rights, they have obtained an easement by prescription for a specific use.
If a claimant is successful in court with an adverse possession claim, they would become the legal owner of the property, gaining all the rights and responsibilities associated with ownership. This means they can exclude others from using the property and have the right to sell or transfer it.
On the other hand, if a claimant is successful in court with a claim to an easement by prescription, they would obtain the right to use the property for a specific purpose (e.g., accessing a road or crossing the land). However, they would not become the owner of the property itself.
The absence of the doctrine of adverse possession in certain Canadian jurisdictions means that claimants in those jurisdictions cannot acquire ownership rights over someone else's property through long-term occupation and use. However, they may still be able to establish a claim to an easement by prescription if they can prove continuous and uninterrupted use for a specific purpose.