This paper is divided into two separate topics: adverse possession and specific performance. The author addresses both topics by providing an in-depth analysis of the theoretical basis, evolution of the law, and possibilities for law reform with respect to each topic. The paper demonstrates the application of the law relating to adverse possession by referring to cases and discussing topics such as adverse possession as against co-owners and with respect to Federal Crown land, Provincial Crown land, private land, Indian reserve land, and navigable bodies of water. The author refers to case law involving specific performance as well, and discusses the following topics as they relate to specific performance: dower rights, right of first refusal, school zones, cookie-cutter housing, low budget renovations, and adjacent land.

This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 – 26, 2016.