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Real Estate

Can two neighbours legally adjust a small boundary discrepancy between their properties without a court process?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, in many cases neighbours can agree privately to adjust a small, non-contentious boundary discrepancy without going through a full court process, but agreeing and making it legally binding on future owners are two different things. A private handshake understanding between the current owners is a start, but to actually bind whoever buys either property down the road, the correction typically still needs to be properly documented, often supported by a reference plan prepared by an Ontario Land Surveyor, and registered on title.

Skipping registration is where these arrangements tend to fall apart later. An unregistered, informal boundary adjustment might be perfectly fine between the neighbours who agreed to it, but it risks not being enforceable against a future buyer of either property who had no notice the boundary was ever adjusted from what the registered documents show.

For a genuinely minor and uncontested discrepancy, a lawyer can usually arrange a properly registered correction relatively straightforwardly. For a larger, contested, or unclear discrepancy, the more formal Boundaries Act process or a court application may be the more appropriate route instead of a private agreement.

Key takeaways

  • Neighbours can privately agree to a minor boundary correction without a full court process.
  • The correction still needs proper documentation and registration to bind future owners.
  • An unregistered private agreement risks not being enforceable against a later buyer of either property.
  • Larger or contested discrepancies may need the Boundaries Act process or a court application instead.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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