Can a Neighbour Access My Property to Do Repairs in Ontario?

A neighbour may tell you they need to step onto your side to fix a wall, repoint brick, repair a fence or deal with a tree. You may wonder whether you must say yes, and what happens if you refuse.

This article explains the practical and legal landscape in plain terms. It cannot say whether a particular neighbour has a right to enter, because that depends on the facts, your documents and the work involved.

Start with the basics: consent and agreement

In most cases, entering someone else's land for repairs happens with the owner's permission. A short written note setting out what work will be done, when, for how long, who is responsible for any damage and who pays is the usual way to avoid problems.

Whether a neighbour can insist on access without your agreement depends on the facts, on any deed or registered document affecting your property, and on whether a court is asked to decide. A lawyer can confirm where you stand in a specific case.

When the work involves a boundary tree or fence

Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. Injuring or destroying such a tree without the consent of the land owners is an offence under the Forestry Act. An owner may plant trees on the boundary only with the consent of the owner of the adjoining land. So a neighbour cannot simply take down or damage a boundary tree on the basis that they need to get at a wall.

For boundary fences, an owner who wants a fence built or repaired may give the municipal clerk notice, in the prescribed form, asking fence-viewers to arbitrate. The award may be appealed to the referee within fifteen days of receiving it. Except for s. 20, the Line Fences Act does not apply to land covered by certain municipal fence by-laws, so check whether your municipality has one.

Other rules that can affect the work

• A municipal tree by-law may require a permit to injure or destroy trees. The by-law does not apply to activities of the municipality or its local boards, and has other listed exemptions.
• A site alteration by-law may regulate fill, topsoil removal and changes to the grade of land, and may require permits.
• Damaging or obstructing a municipal drain or its working corridor is an offence under the Drainage Act.
• Noise, vibration and dust from the work may be regulated by municipal by-laws.

Ask your neighbour whether any permits are needed, and check with your municipality. Rules, thresholds and fines vary from place to place.

If you cannot agree

If talking fails, consider mediation or a letter from a lawyer before going to court. A judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient to do so. A court that can grant an injunction may also award damages in addition to or in place of it.

If damage has already occurred, remember the basic limitation period of two years from the day the claim was discovered. Money claims up to $50,000, not counting interest and costs, can go to the Small Claims Court.

What to do next

• Ask the neighbour for details of the work: what, where, when and who will do it.
• Photograph the area before anyone enters.
• Find out whether permits are needed and whether a boundary tree or fence is involved.
• Put any agreement in writing, including repair of damage and insurance.
• Tell your insurer if the work could affect your property.
• Speak with a lawyer if you are refused access or are being pressed to allow it.

Frequently asked questions