Anna starts living on Jo’s land without his permission and knowledge. Anna immediately puts up a fence around Jo’s land. After 15 years Anna makes an offer to Jo to purchase or rent the land. Jo refuses to conclude any such agreement. After a total period of 30 years has elapsed since Anna started living on Jo’s land and erected the fence, Jo institutes proceedings to eject Anna from the land.

KEY ISSUES

In addition to Variation 1.1., this case raises the issue of whether an offer to purchase or rent the occupied land would have any relevance to a possible acquisition of land through long-term use.

ALBERTA, CANADA

OPERATIVE RULES

As in Variation 1.1., after ten years Anna became entitled to a defence of adverse possession, even as a knowing trespasser. Since she could commence proceedings then to have the land registered in her name according to section 74 of the Land Titles Act, it would be implausible for her to make an offer to purchase the land after 15 years if these facts were to occur in Alberta.

DESCRIPTIVE FORMANTS

The general common law position is that an offer by a trespasser to purchase the property from the owner is regarded as an acknowledgment of the latter’s title, implying that possession is not adverse. However, the Limitations Act of Alberta provides, somewhat mysteriously, that if a person in possession of land has given to the registered owner ‘an acknowledgment in writing of that person’s title’ prior to the expiration of the ten-year period, the possession is deemed to be ‘possession by the person to whom the acknowledgment was given’ (emphasis added), and further, that the limitation period to bring an action to recover possession begins from the time of the most recent acknowledgment. In light of the statute, the effect of an oral acknowledgement in Alberta is not clear, and moreover, the effect of acknowledgement in writing may not be to negate adverse possession, but merely to restart the clock.