My neighbour is claiming part of my Ontario property is theirs — what can I do?
A boundary dispute is one of the most common real property conflicts in Ontario. When a neighbour claims ownership of land you believe is yours, the first step is to get an up-to-date survey of your property. A licensed Ontario Land Surveyor can locate the registered boundaries and produce a survey plan that shows where the legal property lines fall in relation to existing fences, structures, or other markers.
In many cases, a current survey resolves the dispute — the boundary may have shifted in perception over years of informal use, but the registered title controls. If the survey confirms the boundary is where you believe it is, you can present it to your neighbour and, if necessary, demand they remove any encroachment.
If the neighbour maintains their claim despite a clear survey, the matter may need to go to the Superior Court of Justice for a determination of the boundary. In some cases, the issue of adverse possession arises: if a person has occupied and treated land as their own, openly and continuously for at least ten years, they may have acquired title to it through adverse possession — though this doctrine applies differently depending on whether the land is under the old Land Titles system or Registry system.
The earlier you act on a boundary issue, the stronger your position. Delay can strengthen an adverse possession claim.
Key takeaways
- Commission a current survey by a licensed Ontario Land Surveyor as the first step.
- The registered title and survey control the legal boundary, not historical fences.
- Adverse possession can transfer title after ten or more years of uncontested occupation.
- Do not delay — length of occupation matters in adverse possession claims.