Land title issue - The Combine Forum
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post #1 of 16 (permalink) Old 07-20-2019, 08:24 PM Thread Starter
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Land title issue

Was called by a neighbour today about a five acre square in my home quarter. During seeding land titles wrote to tell me that this land had not been transferred from the previous owner because the owner before that hadnít transferred it to them. Land titles said the owner was will to release the land for transfer provided no cost was involved to them. Now today the neighbour said he offered the owner substantial money for the plot so he could build more houses on it like his field next to it. Problem for him is I own everything around the plot. Iíve farmed the land for 16 years and only now has the ownership come into question. Until land titles letter we were unaware that we didnít own it. Where do I legally stand. The plot is land locked and has no access only over my land which wonít be happening. Rather not throw money at the lawyers but I think itís the only way to resolve this. Really made my blood boil when this guy told me that he was going to buy it and would I be interested in a land swap so he could have access to it. Thanks.

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post #2 of 16 (permalink) Old 07-20-2019, 09:21 PM
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What a slim ball move. Have to go back and see what was all wrote in your agreement of sale 16 years agon

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post #3 of 16 (permalink) Old 07-20-2019, 09:49 PM
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I don't know about your laws up there but here after a certain amount of time if the land is utilized by a party without opposition from another party the land is considered to be part of the adjoining farm as in your case the 5 acres is yours.

I' going through a similar battle here in a pasture along an abandoned RR right of way in which its shows the rail easement 75' past the existing fence into my property. Adjacent landowner is trying to force me to move the fence which won't happen. Existing fence that has been in place here for 7 years or more and unchallenged is considered the boundary line. In my case the RR was responisble for placing the fence which was done 40+ years ago, he has no case. Its called "boundary by acquiescence".

I don't know if any of that is relevant to your case. You've got a real bullshit deal.

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post #4 of 16 (permalink) Old 07-20-2019, 10:18 PM
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Unless I'm not understanding something here, In order for it to have separate title it would have to have been subdivided at some time and it would HAVE to have access or the subdivision would never have been approved. If it somehow has no right of way and you have no intensions of providing one, what does this guy think he's going to do with it??.
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post #5 of 16 (permalink) Old 07-20-2019, 11:06 PM
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Unless I'm not understanding something here, In order for it to have separate title it would have to have been subdivided at some time and it would HAVE to have access or the subdivision would never have been approved. If it somehow has no right of way and you have no intensions of providing one, what does this guy think he's going to do with it??.

Agreed. As long as he has no access, forget about it and carry on.

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post #6 of 16 (permalink) Old 07-20-2019, 11:16 PM
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Tell him the only thing he can build there is a helicopter landing pad, because that's the only way he will ever be able to get to it. How long was since the original owner didn't transfer the land to the last owner who you bought it from? Fairly certain there is a time limit in a situation like this.
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post #7 of 16 (permalink) Old 07-21-2019, 12:02 AM Thread Starter
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Was bought in 2000 by my family and I bought it in 2003. Previous to that it was sold by the people wanting to sell it again in 97. Lawyers never caught the **** up back in 97 so my lawyer never had that parcel of land to transfer. Going to check with the RM to see if my property tax included those acres. As for claiming the land I’ve read that adverse possession is not allowed in mb or Ontario.
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post #8 of 16 (permalink) Old 07-21-2019, 12:14 AM
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Didn't your lawyer do a title search when your family or you bought it? If this guy claims ownership and hasn't paid his taxes for 19 years then the local gov't would have long since taken over!
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post #9 of 16 (permalink) Old 07-21-2019, 12:21 AM
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Call up the neighbor and tell him you’d be all for selling him the land to join it to his block for a bargain of 5,000,000 an acre.
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post #10 of 16 (permalink) Old 07-21-2019, 02:02 AM
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I would see who has been paying tax on it for the last several years, as mentioned. If it was you then you will have a significantly stronger case.

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