Montreal Court Case Highlights Quebec’s Acquisitive Prescription Law and 10-Year Property Occupancy Rule

A high-profile land dispute in Montreal’s Villeray neighbourhood is bringing attention to Quebec’s acquisitive prescription law — a legal principle that grants property rights after 10 years of continuous and uncontested use.

The City of Montreal purchased the former Chinese Hospital site in 2019, intending to develop social housing. However, a neighbouring company claims to have maintained part of the land for over 30 years without opposition. This claim raises important questions under Quebec property law about land ownership and rights acquired through long-term occupancy.

In light of the dispute, Paula Dayan-Perez, journalist at CBC Montreal, sought insights from an experienced real estate lawyer on the nuances of acquisitive prescription in Quebec and its implications for property disputes.

“Our legal system encourages property owners to maintain and protect their property and to act prudently. It is not in society’s interest to have owners neglect properties,” explains Antoine Hammam, KRB Lawyer specializing in property law in Quebec.

Watch the full interview with Antoine Hammam on CBC Montreal here.