Encroachments and Boundary Disputes with a Neighbour in Ontario

Finding out that a fence, driveway, hedge or shed sits over the lot line can be unsettling, whether it is your structure on their land or theirs on yours. The first reaction is often anger, but most boundary problems start with an honest mistake or an old fence that was never questioned.

This article explains the usual steps, the role of a survey, how long-standing use can affect rights, and the court remedies that exist. The outcome depends on how your land is registered and what the facts are, so a lawyer should review your situation.

Start by finding out where the line really is

Fences and hedges are not always on the true boundary. A survey prepared by a licensed surveyor shows where the lot lines fall and whether anything crosses them. It is the most useful single document in a boundary dispute, because it replaces guesswork with measurements that both sides, and a court, can rely on.

Before you confront anyone, gather what you have: your survey if you have one, your purchase documents, photos showing when a structure was built, and any earlier conversations or letters with the neighbour.

Time can matter: possession and easements

Ontario has time limits that affect land claims. An action to recover land must generally be brought within ten years after the right first accrued. This is why long-standing encroachments can become a legal issue, and why waiting too long can be risky.

Easements work differently. A right of way or other easement can be acquired by prescription, but this requires actual enjoyment as of right, without interruption, for the full 20 years. An interruption counts only if it was submitted to or acquiesced in for one year after notice. No one can acquire a right to light or air for a building by prescription.

How your land is registered matters a great deal. Under the Land Titles Act, no title, right or interest adverse to the registered owner can be acquired by any length of possession or by prescription, despite the Real Property Limitations Act. This means encroachments and easements cannot ripen into rights after the land enters Land Titles. There is an exception: claims against a first owner registered with possessory title only are preserved for a person who was in possession when that first registration took place. Your lawyer can check how your property is registered.

Common ways to resolve it

Keep a calm tone. Many disputes end with a shared survey cost, a short written agreement, or the structure being moved. Avoid removing a fence or structure yourself until you have confirmed the boundary and received advice.

Court remedies and protecting a claim

Where a lawsuit puts an interest in land in question, starting it is not notice to outsiders until the court issues a certificate of pending litigation and it is registered on title. This tool can protect a claim if the neighbour tries to sell or mortgage the property.

It is not automatic or permanent. The court may discharge a certificate in several cases, including where the party claims money instead of or as an alternative to the land, has no reasonable claim to the interest, does not prosecute the case with reasonable diligence, or can be adequately protected by other security. A court that can order specific performance may award damages in addition to, or instead of, specific performance.

Whether a court would order a structure removed, allow it to stay or award money depends on the circumstances. That is a question for a lawyer who can review your documents.

What to do next

• Find your existing survey or ask a licensed surveyor about an updated one.
• Take dated photos of the structure and the boundary area.
• Collect your deed, purchase documents and any past correspondence with the neighbour.
• Ask a lawyer to check whether your land is under Land Titles and what that means for any long-standing use.
• Do not ignore the issue for years, because time limits may apply.
• If you want to settle, put any agreement in writing.

Frequently asked questions