Neighbour Built a Fence on My Property: What Can I Do in Ontario?

You have noticed that your neighbour's new fence seems to sit well inside what you believed was your yard. It is upsetting, and it is tempting to tear it down or send an angry note. A calmer, step-by-step approach usually protects you better.

This article walks through the general path: confirm where the line is, talk to your neighbour, put your position in writing, and understand when the Line Fences Act, the Boundaries Act or a court may come into play.

Step one: confirm where the boundary is

Before you accuse anyone, find out whether the fence is really over the line. The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey.

No individual may practise cadastral surveying without a licence, limited licence or temporary licence under the Surveyors Act, and that work includes preparing plans and documents that determine or establish a boundary. Unlicensed staff may do the work only under the direction and supervision of a licensed member. In practice, hire a licensed surveyor rather than relying on a fence line, an old mortgage sketch or a neighbour's opinion.

Why the Line Fences Act may not help

Ontario's Line Fences Act lets owners of neighbouring properties in most of Ontario resolve disputes about fences on a boundary line through fence-viewers appointed by the municipality. It covers only fences on a boundary line.

It does not decide where the property line is. Fence-viewers may decide only how the fencing work is divided between the owners and the description of the fence to be built, including its materials. The Act also does not apply in a municipality, or part of one, that has passed an opt-out by-law. If your real complaint is that a fence sits on your land, the Act is usually not the right tool.

Talking, writing and a demand letter

Once you have a survey showing the fence is over the line, share it with your neighbour calmly. Many disputes end there, particularly where the neighbour or a contractor simply made a mistake.

• Send a short letter that attaches the survey, describes where the fence sits and says what you want, such as moving it by a stated date.
• Keep the tone factual and keep copies, photos and proof of delivery.
• A lawyer can write a formal demand letter, which often carries more weight and helps you avoid saying something that hurts your position later.
• If you both agree on a boundary fence, the Line Fences Act allows a written agreement on the prescribed form, which may be registered and enforced as if it were a fence-viewers' award.

Confirming the boundary or going to court

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. The application must include an up-to-date plan of survey signed by a surveyor and a copy of the survey's field notes.

If someone objects, the Director must offer a hearing; if no one objects, the Director may confirm the boundary without one. A party aggrieved by the order may appeal to the Divisional Court, with the notice filed and served within thirty days after the order is mailed. Once confirmed and certified, the boundary is deemed to be the true boundary despite any other Act.

A court action about a fence or the land is another route. What a court would order, and whether it is worth the cost, depends on the facts, so ask a lawyer before choosing.

Do not wait too long

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 that time expires, the title of the person who could have recovered the land is extinguished.

For land registered under the Land Titles Act, no adverse title can be acquired by any length of possession. Which system your land is in, and whether special exceptions apply, are questions for a lawyer. Either way, a long delay is risky.

• Do not damage or remove the fence yourself.
• Gather your deed, any survey and photos of the fence.
• Book a licensed surveyor.
• Send a written, factual letter once you know the line.
• Speak with a real estate lawyer early, especially if the fence has stood for years.

Frequently asked questions