Confirming Your Property Line Under Ontario's Boundaries Act

Maybe a fence, a hedge or a driveway does not seem to match your deed. Maybe you and a neighbour simply disagree about where your land ends. When the real location of a boundary on the ground is uncertain, it is hard to build, sell or settle a dispute with confidence.

Ontario has an official route for this. An application can be made to the Director of Titles, and it can end with a boundary that is deemed to be the true boundary of the parcel. This article walks through who can apply, what you need, what happens next and what the result means.

What the Boundaries Act process 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 owner of an interest in the parcel may apply, or a surveyor may apply with that owner's consent.

This is different from asking someone to decide who should pay for a fence. It is aimed at the underlying question of where the line actually is. If you only need to settle a disagreement about building or repairing a fence, the Line Fences Act may offer a different process, which is described below.

Why you need a licensed surveyor

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. In practice, the survey is the foundation of the whole application.

Boundary work is regulated. No individual may practise cadastral surveying without a licence, limited licence or temporary licence under the Surveyors Act. Cadastral surveying includes preparing plans and documents that determine or establish a boundary. An unlicensed individual may do this work only under the direction and supervision of a licensed member.

• Hire a licensed surveyor rather than relying on a sketch, an old plan or a neighbour's measurements.
• Ask the surveyor whether they will prepare the plan and field notes in a form suitable for a Boundaries Act application.
• Ask whether the surveyor can apply on your behalf, which requires your consent.

Notice, objections and hearings

After the application is made, the Director gives notice of it, and anyone who objects must deliver a written objection within the time set in the notice. That means neighbours and others affected get a chance to speak up, and the deadline in the notice matters.

If you are the applicant, it helps to talk to your neighbours before filing. If you receive a notice as a neighbour, read the deadline carefully and consider getting legal advice before deciding whether to object.

Appealing the Director's order

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. Because the clock runs from mailing, not from when you open the envelope, act promptly and get advice quickly.

What confirmation means, and what fence-viewers cannot do

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.

Fence-viewers under the Line Fences Act cannot do this. That process does not decide where the property line is, and the government says owners must settle boundary disputes themselves, often with legal advice and a survey. Fence-viewers may decide only how fencing work is divided and the description of the fence to be built.

Also, if the land makes it impractical to build a fence on the boundary line, an award may place it partly on either owner's land, and that location does not affect who owns the land. A fence off the line is not proof of a changed boundary.

What to do next

• Gather your deed, any earlier surveys and photos of the fence or markers in question.
• Speak with your neighbour calmly, since an uncontested application may be confirmed without a hearing.
• Hire a licensed surveyor for an up-to-date plan of survey and field notes.
• Decide with advice whether to apply yourself or have the surveyor apply with your consent.
• Diarize any objection or appeal deadline in a notice or order as soon as you receive it.
• Speak with a lawyer if the dispute involves long use of land, an easement or a possible hearing.

Frequently asked questions