- The Line Fences Act process does not decide where the property line is, so you usually start with a survey.
- The ten-year limit in the Real Property Limitations Act applies to land in the older Registry system, while for Land Titles land no adverse title can be acquired by any length of possession, so how your land is registered matters.
- For land in Land Titles, no title, right or interest adverse to the registered owner can be acquired by any length of possession.
Discovering that your neighbour's fence sits on your side of the line is unsettling. You may wonder whether you have lost land, whether you must act quickly, and whether the fence has to come down.
The answers depend on facts such as where the line really is and how your land is registered. This article sets out the main steps and legal tools in Ontario, from a calm conversation to a formal application.
Confirm where the boundary really is
Before you raise anything, make sure you are right. Fences are often built slightly off the line, and the Line Fences Act process does not decide where the line is. The Ontario government says owners must settle boundary disputes themselves, often with legal advice and a survey.
Preparing plans and documents that determine or establish a boundary is cadastral surveying, which no individual may practise without a licence, unless working under the direction and supervision of a licensed member. In practice, that means asking a licensed surveyor to confirm the line.
Start with a conversation and a written agreement
Many encroachments are resolved by showing the neighbour the survey and agreeing to move or replace the fence. Whether a fence's position affects who owns the land depends on the facts, so it is worth confirming with a lawyer. Where a fence-viewers' award places a fence partly on either owner's land because the land makes it impractical to build on the line, that location does not affect who owns the land.
If you reach a deal about a line fence, you can record it in writing on the prescribed form (Forms 14 and 15). The agreement may be registered and enforced as if it were a fence-viewers' award. Anything about land ownership itself, such as a transfer or an easement, is worth putting through a lawyer.
Why time limits matter
Leaving an encroachment alone for years can carry risk, but how much depends on how your land is registered. For land in the Land Titles system, no title, right or interest adverse to the registered owner can be acquired by any length of possession or by prescription. For land still in the older Registry system, the Real Property Limitations Act says no one may enter land or bring an action to recover land except within ten years after the right to do so first accrued, and when an owner is dispossessed that right accrues at the time of the dispossession. When the time expires, the title of the person who could have recovered the land is extinguished, which is the basis for adverse possession claims to land outside Land Titles.
| Situation | General effect |
|---|---|
| Land in the Land Titles system | No title adverse to the registered owner can be acquired by any length of possession or prescription |
| Rights existing at first registration | The bar does not prejudice an adverse claim by someone in possession when the first owner was registered with a possessory title only |
| Owner was a minor or incapable | May sue within five years after the minority or incapacity ends, or after death, whichever is first |
| Written acknowledgment of the owner's title | Affects when the limitation period runs |
Whether your land is in Land Titles or the older Registry system, and how long the fence has been there, are facts a lawyer can check on title. Do not assume you are safe or at risk until that is confirmed.
Formal options if talking fails
Where there is real doubt about the true location of a boundary, an application may be made to the Director of Titles under the Boundaries Act to confirm it. The owner of an interest in the parcel may apply, or a surveyor may apply with that owner's consent. The application must include an up-to-date plan of survey signed by a surveyor and a copy of the field notes.
The Director gives notice, and anyone objecting must deliver a written objection within the time set. If there is an objection, the Director must offer a hearing. If not, the Director may confirm the boundary without one. A party aggrieved by the order may appeal to the Divisional Court, filing and serving notice within thirty days after the order is mailed. A confirmed and certified boundary is deemed to be the true boundary, and the plan is registered.
If the fence itself is in poor shape or its cost is the issue, and the line is not in doubt, the Line Fences Act process may help, but check that your municipality has not opted out.
What to do next
- Order or locate a current survey from a licensed surveyor.
- Photograph the fence and note roughly when it was built and who built it.
- Get a copy of your property's title to see how it is registered.
- Avoid removing or damaging the fence yourself until you have advice.
- Raise it calmly with your neighbour, in writing, and keep copies.
- See a lawyer promptly if the neighbour disagrees or the fence is old.
Frequently asked questions
Does a fence on my land mean my neighbour owns that strip?
Not necessarily. The answer depends on the facts, including how your land is registered. For land in Land Titles, no title adverse to the registered owner can be acquired by any length of possession. For land outside Land Titles, long possession can matter, so a lawyer can confirm where you stand.
Can I use fence-viewers to move the fence?
The process does not decide where the property line is. It deals with fences on the boundary when owners cannot agree on building or repair.
How do I get an official ruling on the boundary?
You can apply to the Director of Titles under the Boundaries Act, including a signed plan of survey and field notes. A confirmed boundary is deemed the true boundary.
Is there a deadline to act?
There can be. Actions to recover land generally must be brought within ten years after the right first accrued, though Land Titles land is treated differently. A lawyer can tell you which applies.
Sources
- Ontario.ca – Line Fences Act — ontario.ca
- Line Fences Act, R.S.O. 1990, c. L.17, s. 8(4) — Ontario e-Laws
- Municipal Act, 2001, S.O. 2001, c. 25, s. 98 — Ontario e-Laws
- Real Property Limitations Act, R.S.O. 1990, c. L.15, ss. 4–5 — Ontario e-Laws
- Land Titles Act, R.S.O. 1990, c. L.5, s. 51(1) — Ontario e-Laws
- Surveyors Act, R.S.O. 1990, c. S.29, ss. 1(1), 11 — Ontario e-Laws
- Boundaries Act, R.S.O. 1990, c. B.10, s. 3 — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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