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Reassessing the risk of adverse possession of municipal parklands
The “public benefit test” now affirms adverse possession of municipally owned land is practically impossible without consent from the municipality. Photo: Adobe Stock
Published in
May 2024
- Page 17
A recent decision of the Court of Appeal for Ontario has added another layer of clarity to the issue of whether municipalities can lose title to any portion of their parklands through historical adverse possession by private persons.
Before now, some Ontario judges have queried the application of adverse possession to municipally owned lands held for public benefit. In a 2013 case, the Ontario Superior Court of Justice established a “public benefit
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