Can someone really steal land just by building a fence around it?
Gavin Tighe and Stephen Thiele dissect a controversial Supreme Court of Canada decision in Koki v. City of Toronto, where a private homeowner gained legal ownership of 3,600 square feet of municipal parkland through adverse possession.
They break down the complexities of Ontario’s real property laws, from the nuances of the land title system versus registry, to the doctrine of “squatter’s rights,” and how legal tactics and statutory interpretation shaped the surprising outcome.
With implications for public land use, municipal oversight, and homeowners who unknowingly benefit from historical quirks, this episode is a must-listen for anyone curious about how property law works… and sometimes doesn’t.
Listen For
1:27 What started the squatter’s rights case?
8:00 Why can’t you claim land under Land Titles?
13:16 How do squatter claims still happen?
17:03 Do cities need to watch all parkland?
22:09 Will this lead to more squatter cases?
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Gardiner Roberts website | Gavin email | Stephen email
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