Do I Need a New Survey to Settle a Property Line Dispute in Ontario?

Often a current survey by an Ontario land surveyor is the most practical first step, because arguments about a line are hard to settle without evidence of where it runs. Whether you need a new one depends on how old and how clear your existing survey or reference plan is, and what the dispute is about.

Timing matters too. An action to recover land must be brought within ten years. On Land Titles land, possession cannot defeat the registered owner's title, except against a first owner registered with only a possessory title by someone already in possession then. A claim that matured before a parcel was converted to Land Titles may be treated differently, so the conversion date shown on the parcel register is worth checking with a lawyer. A proceeding seeking only a declaration of where a boundary lies has no limitation period. Damages claims generally have two years from discovery, and none can start over 15 years after the act.

How much weight an old survey or reference plan carries depends on its age and accuracy. Who pays for a new one depends on your situation, so it is worth confirming with a lawyer. Ask a lawyer how your existing plan fits before ordering another.