Boundaries Act Ontario: How Disputed Boundaries Are Resolved

If you and a neighbour cannot agree where your boundary runs, the Boundaries Act offers a formal way to have it confirmed. It is not a lawsuit between neighbours in the usual sense. It is an application process that runs through the Director of Titles, with a right of appeal to the court.

This article walks through who can apply, what is needed, what happens if someone objects, and what the result means.

What the Boundaries Act is for

The Boundaries Act applies where there is doubt about the true location on the ground of a parcel's boundary. In that case, an application may be made to the Director of Titles to confirm it.

It is different from the Line Fences Act. That Act deals with fences on a boundary line and who pays for them, and it does not decide where the property line is. The Boundaries Act is aimed at the location of the boundary itself.

Fences are a separate question. Under the Line Fences Act, fence-viewers may decide only how the fencing work is divided between the owners and the description of the fence to be built, including its materials. That Act also does not apply in a municipality, or part of one, that has passed an opt-out by-law under the Municipal Act, 2001, except for section 20, which deals with former railway land next to farms and still applies. Fence height and design rules come from local municipal by-laws, not a single provincial rule. Your municipality can tell you which rules apply where you live.

Who can apply and what is needed

The owner of an interest in the parcel may apply. A surveyor may also apply, but only with that owner's consent.

The application must include two things:

• A copy of an up-to-date plan of survey signed by a surveyor.
• A copy of the survey's field notes.

Because plans that determine or establish a boundary are cadastral surveying, the work must be done by someone licensed under the Surveyors Act, or by an unlicensed individual under a licensed member's supervision. A lawyer can help you understand how the survey and the application fit together.

Notice, objections and hearings

After an application is made, the Director gives notice of it. Anyone who objects must deliver a written objection within the time set in the notice.

The deadline to object comes from the notice itself, so read any notice you receive carefully and act on it promptly. If you are a neighbour who receives a notice, ignoring it can mean the boundary is confirmed without a hearing.

Appeals and the effect of the result

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, and the Director must have the plan registered in the proper land registry office.

That makes the process more final than an informal agreement or an opinion from a surveyor. It also means you should think carefully before applying, since the outcome may not be what you expect.

Boundary questions can also overlap with questions about possession of land. Under the Real Property Limitations Act, a ten-year period applies to entering land or bringing an action to recover it, but it matters mainly for land still in the Registry system, or for periods that had fully run before the land was converted to Land Titles. For land registered under the Land Titles Act, no title adverse to the registered owner can be acquired by any length of possession or by prescription. That bar does not prejudice an adverse claim based on possession by a person who was in possession when the first owner was registered with a possessory title only. Whether any of this affects your land depends on how it is registered and on the facts, so it is worth confirming with a lawyer.

What to do next

Most disputes are better handled early and in writing. The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey. The Boundaries Act is a tool for when that has not worked.

• Collect your deed, registration details and any existing surveys.
• Hire a licensed surveyor to prepare an up-to-date plan and field notes.
• Share the results with your neighbour and try to reach agreement first.
• If you receive a notice of an application, note the deadline for a written objection right away.
• If an order is made, diary the thirty-day appeal deadline from the date it was mailed.
• Speak with a real estate lawyer before applying, objecting or appealing.

Frequently asked questions