647-260-9920Book a Consultation
Menu

Boundary and Easement Disputes

Disputes between neighbours over a fence line, a shared driveway or a right of way can seem small and still be hard to resolve. They turn on surveys, the registered title and sometimes decades of history. We act for property owners in boundary, encroachment and easement disputes.

Common situations

  • A fence, driveway, garage or addition that crosses the property line
  • A disagreement over where the line actually is
  • A right of way or shared driveway that one owner blocks or overuses
  • A claim based on long use of a neighbour’s land
  • Trees, drainage or retaining walls that affect the neighbouring property

How boundaries and easements are decided

  • Surveys and the registered title. Registered plans and descriptions, interpreted by an Ontario Land Surveyor, often provide the expert evidence the court relies on.
  • Easements. An easement can be granted in writing, arise by implication or necessity, or in some cases be acquired through long use.
  • Long possession. For land in the Land Titles system, which covers most of Ontario, ownership generally cannot be acquired through possession after the land entered that system.
  • Boundaries Act. A separate process allows an application to confirm the location of a boundary.

What happens next

  1. Get a current survey and review the title and registered plans.
  2. Document the problem with photographs, measurements and dates.
  3. Write to the neighbour with a clear proposal, which resolves many disputes.
  4. If needed, go to court for a declaration of the boundary or easement, an order requiring removal of an encroachment, or damages.

Questions we are often asked

How are property boundaries determined?
By the registered plans and descriptions, interpreted with survey evidence from an Ontario Land Surveyor, together with physical evidence on the ground. Where these conflict, the court decides which evidence should govern.
Can my neighbour claim part of my land because they have used it for years?
It depends on the land registration system and the history. For land in the Land Titles system, a claim to ownership through long possession generally cannot arise after the land entered that system, although a claim that was complete earlier may survive. A right to use land, such as a right of way, raises different questions.
What can I do about a fence or structure that crosses onto my property?
Start with a current survey. You can then ask for removal, negotiate an agreement, or ask the court for an order. Delay can weaken your position, so do not let it sit.
What is an easement?
A right to use someone else's land for a specific purpose, such as access, a shared driveway or utilities. Easements can be created in writing, by implication or necessity, and in some cases through long use.

Guides

General information about Ontario law, not legal advice about your situation. Time limits can be short; if you are unsure, speak with a lawyer promptly.

Speak with us about your situation.

Request a consultation online, or call or email us directly.

Request a consultation

647-260-9920oenbar@enbarlitigation.ca