My Neighbour's Fence Is on My Property: Can I Make Them Move It in Ontario?

It depends on the facts, so confirm the boundary first and raise it calmly before taking formal steps. Time matters: an action to recover land must be brought within ten years, and when that period ends the title of the person who failed to act is extinguished.

There is an important exception. For land registered under the Land Titles Act, no title adverse to the registered owner can be acquired by any length of possession, though a first owner registered with only a possessory title can face an adverse possession claim by someone who was in possession at registration. Whether it applies to an older possession claim can depend on when your land came under Land Titles, which the parcel register can show, so it is worth confirming with a lawyer.

Fence-viewers can arbitrate where an owner wants a boundary fence built or repaired, and their award can be appealed to the referee within fifteen days, but that process generally does not apply where a municipal fence by-law covers the land. A claim only for a declaration of where the boundary lies has no limitation period. Get advice before you act or let the fence stand.