Following my recent article on squatters’ rights (or adverse possession) in Ontario, I received an email from a reader who asked whether someone could obtain title to a condominium unit through adverse possession. Most of the time, the answer to this question is a straightforward ‘no,’ given that among other things, any new condominium corporation may only be established on property that is registered in land titles. As set out in that article, adverse possession cannot be established on property that is registered in land titles. However, this question does give rise to a broader issue that we are often asked to comment on: How does a person who owns a condominium parking space or locker deal with a squatter who is unlawfully using the space?
Under Ontario’s condominium legislation, components like parking spaces and lockers can be designated as separate units or included as part of the common elements of the condominium corporation. If they are included in the common elements, they may be designated as “exclusive use common elements,” meaning they are reserved for use by the owner of a particular unit. In most new condominium developments, parking spaces and lockers are registered as separate units, as this gives the developer more flexibility to allocate parking spaces and lockers to individual purchasers depending on the purchasers’ individual wants and needs.
While the individual parking spaces and lockers may be allocated to individual residents, there isn’t typically any corresponding signage on parking spaces or lockers. In this regard, it isn’t uncommon, especially in larger condominium buildings, for a unit owner or resident to go to the parking garage or locker room to discover that another person has parked his car in the owner’s parking space, or put her belongings in and lock on the owner’s locker. In these circumstances, the question that generally arises is what the unit owner can do to remedy the issue.
The answer to this will depend, understandably, on the context. If the issue is that someone else’s car is parked in the owner’s parking space, it may be possible to resolve the matter by having the offending car towed from the parking space. It should be noted that, generally speaking, certain requirements must be met before a towing company will tow a car from private property, including the towing company being satisfied that the person making the call is the owner of the property (or properly authorized to speak on behalf of the owner), and the tow truck is able to safely make it to and from the parking space.
Similarly, if the issue is that someone else’s belongings are in, and lock is on, the owner’s locker, it may be possible to address this by posting notice on the locker that the lock will be cut and the belongings removed after a given date if the locker is not cleared before that time. For parking or locker issues, notice could also be circulated around the building alerting other owners and residents that the person who is using the owner’s parking space or locker, as the case may be, is required to stop doing so in order to avoid the loss of their car or belongings.
What about a situation where the person purchased a parking or locker unit when they purchased their residential unit, but, for unknown reasons, the transfer of title of the parking or locker unit was never registered? It is easy to foresee that the person might have a difficult time getting a towing company or the corporation’s property manager to cooperate, as the owner of the residential unit would not hold legal title to the parking or locker unit in question. In that case, the person might be forced to bring a court application to address the title issues. That was the case in Chopra v. Vincent, where the unit owner only discovered, in preparation for sale approximately 18 years after the closing of his purchase, that the title to his parking unit had never been transferred from the previous owner. Mr. Chopra brought a court application to remedy the issue with title and register the parking unit in his name, so that he could sell his residential unit and parking unit together without difficulty. The court granted the application, holding that it was satisfied that it was the intention of the parties to the original real estate transaction that the parking unit would be transferred to the unit owner, and that it would be unjust not to grant the relief sought considering that Mr. Chopra had paid property taxes and common expenses for the parking unit for 18 years since entering into his agreement to purchase same.
As is often the case, if you are a condominium unit owner and you come home one day to find someone else using your parking space or locker, you would be well-advised to seek legal advice with respect to your options and remedies. You can rest easy, however, knowing that the person using your parking space or locker will almost certainly not be able to obtain squatter’s rights over same.
Timothy Duggan is a condominium lawyer and civil litigator with Horlick Levitt Di Lella LLP. Reasonable Doubt appears on Mondays. You can contact him on Twitter at @timmyd_ and tell him what you would like to read about in future columns.
A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer. The views expressed in this article do not necessarily reflect those of Horlick Levitt Di Lella LLP or the lawyers of Horlick Levitt Di Lella LLP.
