Boundaries Act Ontario: Applying to Confirm a Boundary

Sometimes a survey and a neighbour's view of the boundary just do not line up. If talking has not resolved it, Ontario has a formal process under the Boundaries Act to have a boundary confirmed.

Despite the common search phrase, the first step is not a lawsuit. It is an application to the Director of Titles, with a court appeal available afterwards. This article walks through the steps in plain language.

What the Boundaries Act is for

Where there is doubt about the true location on the ground of a parcel's boundary, an application may be made to the Director of Titles to confirm it. The goal is a clear, officially recognized line, rather than competing opinions.

Who can apply? The owner of an interest in the parcel may apply, or a surveyor may apply with that owner's consent.

Fence disputes are handled differently. The Line Fences Act covers only fences on a boundary line. Its process does not decide where the property line is, and the Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey.

What you need to apply

The application must include a copy of an up-to-date plan of survey signed by a surveyor and a copy of the survey's field notes. That means a survey is a prerequisite. Preparing plans that determine or establish a boundary is cadastral surveying, which requires a licence or supervision by a licensed member.

• A current plan of survey signed by a surveyor.
• A copy of the survey's field notes.
• An applicant who is an owner of an interest in the parcel, or a surveyor applying with that owner's consent.

An owner of an interest in the parcel may apply, or a surveyor may apply with that owner's consent. Because the plan and field notes are the foundation of the application, it helps to talk with your surveyor early about what the application will need and how long the work may take. How this applies to your property depends on your situation, so it is worth confirming with a lawyer.

Notice, objections and hearings

The Director gives notice of the application, and anyone objecting must deliver a written objection within the time set in the notice. Watch the deadline carefully if you receive a notice, because the time is set in that notice.

If you receive a notice, read it closely, keep a copy, and keep a record of anything you deliver in response. Whether to object, and on what grounds, depends on your facts, so a lawyer can help you decide.

Appeals and the effect of confirmation

A party aggrieved by the Director's order may appeal to the Divisional Court. The notice of appeal must be filed and served within thirty days after the order is mailed.

Once a boundary is confirmed and certified, it is deemed to be the true boundary of the parcel despite any other Act. The Director must have the plan registered in the proper land registry office.

This differs from the Line Fences Act, whose process does not decide where the property line is. If your dispute is about the line itself, the Boundaries Act is the route that addresses it.

If you are thinking about an appeal, keep the thirty-day period after the order is mailed in mind.

What to do next

• Try to resolve the disagreement by sharing a survey with your neighbour first.
• Hire a licensed surveyor to prepare a current plan of survey and field notes.
• Collect your title documents and any earlier plans.
• If you receive a notice of an application, note the objection deadline in it right away.
• If an order is made, note the date it was mailed so you can track the appeal period.
• Speak with a lawyer about whether to apply, how to object, or whether to appeal an order.

Frequently asked questions