My neighbour built a fence or structure that crosses onto my property — what are my options?

When a neighbour's fence, deck, addition, or other structure crosses onto your property, this is called an encroachment. In Ontario, you have the right to insist it be removed, but the practical steps and remedies depend on the facts.

Start with a current survey by a licensed Ontario Land Surveyor to confirm the boundary. Without a certified survey, a dispute over a fence line is a matter of competing claims with no authoritative answer. Once you have a survey, send a written notice to the neighbour identifying the encroachment and requesting they remove it within a reasonable period.

If they refuse, you have several options. You can bring a claim in Small Claims Court or the Superior Court of Justice for trespass and an order requiring removal, or for damages if physical removal is not practical. In some cases, parties negotiate an encroachment agreement — a registered instrument that acknowledges the encroachment, grants a licence for it to remain, and may involve a payment in exchange for you not requiring removal.

The Fence Viewers Act provides a separate process specifically for fence disputes between neighbours: appointed fence viewers (municipal officials) can determine fence placement and costs. This is faster and cheaper than court for pure fence-line disputes.

Acting promptly is important — an encroachment that sits unaddressed for many years can raise adverse possession concerns on Registry system land.