Water Running Onto Your Property From a Neighbour in Ontario

Regrading, a new driveway, an addition or a changed downspout can send water onto a neighbouring lot. The result may be a wet yard, a damp basement or damage to a fence or garden.

This article gives a plain overview of how these disputes are usually approached in Ontario. The specific legal answer depends on the facts, so it points out where a municipality or a lawyer can help.

Which rules might apply

Several things can come into play, and which ones apply depends on where you live. Your municipality may have local rules that affect changes to your land, so it is worth asking it directly. A neighbour who is affected may have options of their own, and whether any of them apply turns on the details, so getting advice before you act can help.

Which of these fits your situation depends on how the water moves, what changed and when. How this applies depends on your situation, so it is worth confirming with a lawyer.

Start with the facts and the neighbour

Many drainage problems begin with a change that the neighbour did not realize had an effect. A calm, written description of what you see, with photos, often leads to a practical fix.

• Note when the problem began and what work was done nearby.
• Photograph standing water, flow paths and damage, especially during and after rain.
• Keep repair estimates and receipts.
• Send your neighbour a dated letter and keep a copy.
• Ask whether the neighbour has permits, grading plans or a contractor's report.

Boundaries, fences and easements

Sometimes the dispute depends on exactly where the property line is. The Line Fences Act process does not decide where the property line is, and owners must settle boundary line disputes themselves, often with legal advice and a survey.

Easements can also matter. Unless the register says otherwise, land registered under the Land Titles Act is subject to existing rights of way, watercourses, rights of water and other easements. An easement is registered on title to the servient land, which is the land it crosses, and may also be registered on the dominant land, which benefits. A title search can show whether anything affects your lot.

If a drainage swale runs along a shared fence, repairs to the fence may fall under the Line Fences Act where it applies, but a municipality may pass a by-law that the Act does not apply.

Involving the municipality

Contact your municipality's building, engineering or by-law enforcement office. Ask whether a grading plan or permit exists for the neighbouring work and whether a by-law applies. Rules vary by municipality, so do not assume that what applies in one place applies in another.

Whether to pursue a civil claim is a separate decision.

What to do next

• Document the problem with dated photos and notes.
• Send a written request to your neighbour describing the problem and asking for a fix.
• Contact your municipality about by-laws, permits and grading plans.
• Do not dig on or alter your neighbour's land, or block a natural flow, without advice.
• Check your home insurance policy and tell your insurer about damage.
• Speak with a lawyer if the problem continues or damage is significant.

Frequently asked questions