- Property boundaries are legal descriptions on paper, not physical lines on the ground.
- The type of discrepancy matters enormously for what happens next — a fence a few inches off the line is a very different problem from a garage built partly on someone else's land.
- Title insurance is a policy, obtained at or shortly after closing, that protects against a range of title-related risks — commonly including certain survey and boundary problems that…
You order a new survey — maybe for a fence project, a deck permit, or just curiosity — and it shows your property line doesn't match what you assumed when you bought the home. Maybe a neighbour's shed sits partly on your land. Maybe your own driveway crosses onto theirs. Either way, the question that follows is immediate: does this affect my ownership, and does anything protect me from it?
Boundary discrepancies discovered after closing are one of the more common reasons Ontario homeowners end up calling a real estate lawyer years after their purchase. Whether title insurance helps — and how much — depends on the type of discrepancy and what your specific policy says.
Why Boundary Discrepancies Happen
Property boundaries are legal descriptions on paper, not physical lines on the ground. Fences, hedges, and driveways get built based on someone's estimate of where the line runs — sometimes accurately, sometimes not — and over years or decades, that estimate can become treated as the boundary by everyone involved, even though it doesn't match the actual legal description.
A new survey is often the first time anyone actually measures the boundary precisely since the property was originally subdivided. This is exactly why boundary and easement issues are a standard part of due diligence on a purchase — a title and parcel register search combined with a survey review is the conventional way these issues get caught before closing, rather than after.
Types of Boundary Discrepancies
| Type | Example |
|---|---|
| Minor fence misalignment | A fence is a foot or two off the legal line, with no structure affected |
| Structural encroachment | A shed, garage corner, or deck extends onto the neighbouring property |
| Reverse encroachment | A neighbour's structure extends onto your property |
| Shared driveway or access discrepancy | The physical driveway doesn't match the registered right-of-way or property line |
| Missing or undisclosed easement | An easement (such as for utilities or access) exists on title but wasn't identified before closing |
The type of discrepancy matters enormously for what happens next — a fence a few inches off the line is a very different problem from a garage built partly on someone else's land.
What Title Insurance Generally Covers
Title insurance is a policy, obtained at or shortly after closing, that protects against a range of title-related risks — commonly including certain survey and boundary problems that existed at the time of the policy but weren't known to the buyer. Coverage for boundary discrepancies commonly relates to issues such as:
- An encroachment by a structure onto or from the property, undiscovered at closing
- A discrepancy between the legal description and what a survey later reveals
- Certain easement or right-of-way issues not disclosed before the policy was issued
Coverage is not universal, and the specific terms, exclusions, and dollar limits vary by insurer and policy — this is genuinely a "read your specific policy" situation rather than one with a general answer. Title insurance premium amounts also vary by insurer, property value, and coverage selected, so there's no standard figure to expect.
What Title Insurance Generally Does Not Resolve
Title insurance is generally a financial protection, not a physical fix. It doesn't move a fence, remove a shed, or force a neighbour to relocate a structure. Depending on the policy and the situation, a claim may result in a monetary payment, arranging for the removal of an encroaching structure, or (in some circumstances) coverage for the cost of resolving the dispute — but the exact remedy depends on your policy's specific terms.
Some situations also fall outside what title insurance is designed to address at all — for example, a boundary issue you were already aware of before the policy was issued, or one that arose from something you did after closing (like building your own new structure without checking the line first).
Steps to Take When You Discover a Discrepancy
- Get a proper survey, if you don't already have one that clearly shows the discrepancy — this is the foundation of any next step.
- Review your title insurance policy for its specific boundary and survey coverage, exclusions, and claims process.
- Check your closing file for any prior survey, easement disclosure, or title search results that may already address the issue.
- Talk to your neighbour before escalating, where the relationship allows it — many minor discrepancies resolve through a simple agreement (sometimes formalized with a registered boundary or easement agreement) rather than a claim or dispute.
- Contact your title insurer and a real estate lawyer if the discrepancy is significant (a structural encroachment, a disputed right-of-way) rather than a minor fence misalignment.
Frequently asked questions
Do I need title insurance if I got a survey before buying?
A survey and title insurance serve different purposes: a survey documents the boundary at a point in time, while title insurance protects against certain risks — including some that a survey wouldn't necessarily catch — going forward. Many Ontario buyers carry both.
What if the encroachment is on my property, not the other way around?
The same general principles apply, just from the other side — you may need to address a neighbour's shed or fence on your land, potentially through a negotiated agreement, removal, or a formal easement, depending on how significant and longstanding it is.
Can a small, longstanding fence misalignment ever become a bigger legal issue?
It's possible, particularly if a structure is later modified, sold, or disputed by a new neighbour who wasn't part of the original informal understanding. Documenting any agreement about a minor discrepancy in writing — rather than leaving it as an unspoken understanding — reduces this risk.
Does my home insurance cover boundary disputes?
Standard homeowner's property insurance is generally separate from title insurance and typically isn't designed to address boundary or title issues — check your specific policy, but don't assume it covers this.
This is a real estate question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.