A new survey shows the boundary of my Ontario property is in a different place — what happens?

Discovering that a current survey places a boundary differently from where you (or your predecessors) assumed it was can raise significant practical and legal questions. The key principle in Ontario is that the registered title — the legal description in the deed or title record — defines what you own, not the fence or hedge that has stood in a particular place for years.

If the survey shows the registered boundary is different from where a fence is, the legal boundary controls absent a valid adverse possession claim. This means your neighbour's fence may legally be on your land, or your fence may legally be on theirs, even if everyone treated it as the property line for decades.

The right response depends on the facts. If the survey reveals an encroachment by you, you may need to negotiate an encroachment agreement or relocate the structure. If it reveals an encroachment by your neighbour, you can demand removal or negotiate an easement or licence.

If there is a genuine dispute about where the legal boundary falls — for example, conflicting historical survey references — this is a legal and technical question that may need to be resolved by a court. A court can refer the boundary determination to the Director of Titles under the Land Titles Act in some circumstances. A real estate lawyer and a licensed surveyor should both be involved if the discrepancy is contested.