This page has information about “squatter's rights”. The legal term for squatter's rights is adverse possession.
Adverse possession means that someone can gain land ownership rights through long-term use and occupation of land legally owned by someone else. However, several terms and conditions apply.
This page provides general information about the law in Nova Scotia. It does not replace advice from a lawyer.
This information applies off-reserve.
What you should know
It is not easy to get squatter's rights
Not everyone who occupies land without permission has a squatter's rights claim.
It is not easy to get squatter’s rights. There are several requirements.
Situational Requirements
It’s only possible to make a squatter's rights claim in very specific situations. The claimant must use the land as if it were their own. The claim must be based on strong evidence that the person used the land in a way that was:
- Open and notorious: The person’s occupation of the land must be obvious to everyone (including the landowner).
- Exclusive: This means other people, including the landowner, didn't use the land.
- Continuous: The person used the land for an uninterrupted period. Daily use is not required, but it should reflect the normal use for that type of land (the same use the landowner might make of the land). The 20- or 40-year period begins from when the true landowner was last on the land. More than one person can link the 20 or 40 years to make a continuous period.
For example, a family who has occupied their home for generations without ever having a deed to the property may be in adverse possession of the land. A person who has lived on land for only a few years wouldn’t be.
Time Requirement
It takes at least 20 years on privately owned land and 40 years on Crown land.
If the property was migrated to the Land Registration System, the occupant must have completed their period of occupation before the migration date.
People often use the term “squatter's rights” incorrectly
People often misunderstand the concept of "squatter's rights" and misuse the term.
Again, not everyone who occupies land without permission has a squatter's rights claim. Most occupancy-related disputes do not involve squatter's rights at all.
Sometimes, people use the term “squatter's rights” as a scare tactic to convince the property owner that they have rights they don’t have. In those cases, the person may be stalling and trying to extend an unlawful occupancy.
However, people sometimes use the term in the context of an occupancy dispute when other legal arguments
Situations where squatter's rights don’t apply, but other legal arguments might
Even if squatter's rights don’t apply, an occupant might have other legal arguments they can make against the property owner(s) depending on the circumstances.
For example, the occupant might have other legal arguments if they:
- Had a written agreement with the property owner(s).
- Paid money to the property owner as part of the arrangement or made contributions that increased the equity in the property.
- Are staying on co-owned property with permission from one of the property owners, but not the other(s).
- Were in a conjugal (marriage-like) relationship with one of the property owners.
- Are a minor and the property owner is their parent or legal guardian.
- Have a severe disability and depend on the property owner for the necessaries of life or decision-making support.
- Were working for the property owner and received their accommodation as a term of their employment.
- Have evidence that the property owner promised they could stay indefinitely, and that they relied on that promise to their detriment.
- The title to the property is in dispute for a valid legal reason.
If these factors are in play it doesn’t mean that the occupant owns the property and gets to stay in the property without permission.
It just means that there may be legal issues the parties need to address to completely resolve the dispute.
Common Questions
How do I make a squatter's rights claim?
On Private Land
If you have enough evidence to establish that you have used and occupied privately owned land for 20 years or more to the exclusion of the landowner, you can ask a property lawyer to register your ownership interest in the land under the Land Registration Act. The lawyer would have to review the facts to confirm you have a legitimate claim for squatter's rights.
The acts of possession required to successfully pursue a squatter's rights claim against a landowner are very fact-specific. They depend on the circumstances and the nature of the land in dispute.
If the landowner migrated the property to the Nova Scotia Land Registration System, the entire 20 years of adverse possession must have occurred before the land was registered. However, there is an exception for claims of less than 20% of adjacent land.
You have to file your claim within 10 years after the migration.
On Crown Land
You can also claim adverse possession against Crown land but must show 40 years of continuous occupation.
Crown land is owned by the Province of Nova Scotia and is managed by the Department of Natural Resources. Approximately 26% of the province is Crown land.
You can apply to the Department of Natural Resources to make a squatter's rights claim on Crown land. If the Department is satisfied that the evidence proves that the Crown’s ownership right has been wiped out, they will issue a certificate of release to confirm that the Crown no longer owns the land. You must get a lawyer to register your ownership interest in the land.
You can also prove ownership claims in court using a law called the Quieting Titles Act.
How do I prevent a squatter's rights claim?
Landowners should consider the following things to help protect against adverse possession claims:
- Inspect your land regularly to ensure no one else uses it without permission.
- Migrate the land to the Land Registration System.
- Consult a lawyer before deciding whether to allow someone to use your land.
- If you allow someone else to use your land, put it in writing. Make clear that they’re using the land with your knowledge and permission. You can use a lease, license or other agreement. A lawyer can help you decide what document is best for you.
How do I respond if someone makes a squatter's rights claim?
The appropriate response to an occupant who makes a squatter's rights claim depends on the details of the situation.
Broadly speaking, there are three ways to respond when someone makes a squatter's rights claim:
- Negotiate: Communicate with the claimant to resolve the situation and end their occupancy by agreement.
- Formal steps: The formal steps to end an occupancy can include serving the person with a Protection of Property Act notice or applying to the Nova Scotia Supreme Court for a removal order.
- Informal steps: In some cases, it’s okay to take informal steps to end an occupancy. This can include taking possession of a disputed property and/or barring access to it. Only take informal steps like that if safety allows you to do so and you are confident in your legal position because you may be ordered to financially compensate the claimant.
What response is appropriate depends on many different factors
The factors include:
1. How long the person has occupied the property.
2. How they started occupying the property, in particular:
- Whether they had permission from you or another property owner(s) and, if so, on what terms.
- Whether there is any record of an agreement between you (or another property owner) and the occupant, and, if so, what the terms of the agreement were.
3. The relationship between the occupant and the property owner(s). In particular, whether the occupant was:
- A spouse
- A dependent child or dependent person with a disability
- An employee
4. What happened during the occupancy. In particular, whether the occupant:
- Paid money to you or another property owner as part of the arrangement.
- Made contributions to the property that increased the equity in the property.
- Damaged the property during their stay.
5. Whether there is a dispute about ownership of the property that is not related to the occupancy or squatter's rights. In particular, whether there are any ownership disputes related to:
- Inheritance and the proper administration of an estate or a trust
- A purchase and sale agreement
- A rent-to-own agreement.
How to decide on your response
Here are some suggestions to help you decide what response is appropriate when an occupant makes a squatter’s rights claim:
Understand the reasons for the person’s claim: As mentioned, people often use the term “squatter's rights” incorrectly. Understanding the reasons for their claim will help you evaluate whether it’s genuinely a squatter's rights claim or whether they might have a different type of legal claim.
Assess their intentions: As mentioned, sometimes people use the term "squatter's rights" as a scare tactic. They may not have any real intention of taking legal action; they may just be in a bad situation and trying to extend their occupancy as long as possible. However, in other cases, the person may take concrete steps toward making a claim, such as consulting a lawyer or initiating formal legal proceedings. Try to assess whether the person is stalling or whether they intend to take legal action.
Assess the likelihood of resolving the situation by agreement: Assessing the person’s intentions is an essential part of assessing whether it will be possible to resolve the situation by agreement. If you think the person is just stalling, negotiating with them may not be worth it. You may want to consider formal or informal steps to end the occupancy instead.
Communicate cautiously: The previous three steps typically require communicating with the claimant. If appropriate, you can talk to the claimant to understand their concerns and clarify any misunderstandings. However, avoid making any concessions or agreements without getting legal advice first.
Gather documentation: Collect documents relevant to your ownership and their claim. This can include property deeds, evidence of your ongoing use of the property, photographs, written agreements, or emails concerning the occupancy of the property. Reviewing the factors mentioned above may help you identify relevant documents or email correspondence.
If it’s a co-owned property, consult with the other property owners: If you’re a co-owner, don’t decide on your own. Consult with the other property owners before you decide on a course of action.
Seek legal advice: Consult a lawyer to evaluate the occupant's claim, clarify your rights and decide on a strategy for dealing with the situation. You could consult a lawyer just to get their guidance or hire them to deal with the situation on your behalf. Many lawyers do property law. However not all of those lawyers do dispute resolution. If you contact a firm in your area that does property law, confirm that they do dispute resolution before you schedule a consultation.
More Information
Where can I get more information?
General information on adverse possession from the Government of Nova Scotia:
- www.novascotia.ca/natr/land/policyadversepossession.asp
- www.novascotia.ca/natr/land/adverse-possession.asp
- Adverse possession on Crown land: www.novascotia.ca/natr/land/adverse.asp
Land Titles Initiative:
The Land Titles Initiative helps residents in North Preston, East Preston, Cherry Brook/Lake Loon, Lincolnville, and Sunnyville get clear title to their land at no cost. Nova Scotia Legal Aid provides services for the Land Titles Initiative.
- https://ansa.novascotia.ca/landtitles
- www.nslegalaid.ca/wp-content/uploads/2019/07/PLE-OTHER-Land-Titles-Initiative-March-2019-2.pdf
Legal Aid: www.nslegalaid.ca
Legal Information: www.legalinfo.org
Land Registration: www.novascotia.ca/sns/access/land/land-registry.asp
Legislation:
- Land Registration Act: https://nslegislature.ca/sites/default/files/legc/statutes/land%20registration.pdf
- Quieting Titles Act: https://nslegislature.ca/sites/default/files/legc/statutes/quieting.htm
- Crown Lands Act: https://nslegislature.ca/sites/default/files/legc/statutes/crownlan.htm
- Real Property Limitations Act: https://nslegislature.ca/sites/default/files/legc/statutes/real%20 property%20limitations.pdf
- Land Titles Clarification Act: https://nslegislature.ca/sites/default/files/legc/statutes/landtitl.htm
Last reviewed: July 2025