- The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey.
- Only a licensed surveyor, or someone working under a licensed member's supervision, can prepare plans that determine a boundary.
- Where there is doubt about a boundary's location, the Boundaries Act allows an application to the Director of Titles, but a written objection from a neighbour means a hearing must be offered.
You think the line between your property and your neighbour's is somewhere other than where the fence, hedge or driveway edge sits. Maybe you are planning a fence, a garage or a pool, and you want to be sure which side of the line you are building on.
A survey is usually the first practical step, but it is not always the last one. This article explains who prepares a survey, what it can and cannot do, and what options exist if the disagreement continues.
Why a survey usually comes first
Many people assume a municipality or a court will tell them where the line is. In practice, the Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey.
That includes fence disputes. The Line Fences Act process uses fence-viewers to deal with fences on a boundary line, but it does not decide where the property line is. So if you and your neighbour disagree about the location of the line itself, a fence-viewer is not the answer.
Who can prepare a survey
Cadastral surveying includes preparing plans and documents that determine or establish a boundary. No individual may practise it without a licence, limited licence or temporary licence under the Surveyors Act.
There is an exception for staff. An unlicensed individual may do cadastral surveying work if it is done under the direction and supervision of a licensed member.
A Boundaries Act application, for example, must include an up-to-date plan of survey signed by a surveyor. If the dispute could end up in a formal process, you want the right professional from the start.
What a survey can and cannot settle
A survey from a licensed surveyor gives you an informed, professional view of where the boundary sits on the ground. That is often enough to end a disagreement, because both neighbours can see the same evidence.
A survey does not force a neighbour to agree. It is evidence, and a neighbour can still dispute it. The table below shows how a survey fits with other tools.
| Situation | How a survey helps |
|---|---|
| You want to know where the line is before building | Plans that determine a boundary are prepared by a licensed surveyor or someone working under a licensed member's supervision. |
| You and your neighbour disagree about the line | The Ontario government points owners toward legal advice and a survey to settle it themselves. |
| You want a formal confirmation of the boundary | A Boundaries Act application must include an up-to-date plan of survey signed by a surveyor. |
| You only disagree about fence cost or repair | The Line Fences Act process may fit, but it does not decide the property line. |
Where a fence ends up also does not decide ownership. Even when an award places a fence partly on either owner's land because the terrain makes it impractical to build on the line, that location does not affect who owns the land.
If your neighbour still disagrees
Where there is doubt about the true location of a parcel's boundary on the ground, 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 Director gives notice of the application, and anyone objecting must deliver a written objection within the time set in the notice. If an objection is received, the Director must offer a hearing. If there is no objection, the Director may confirm the boundary without a hearing.
Once a boundary is confirmed and certified, it is deemed to be the true boundary of the parcel despite any other Act. That is why the survey matters so much: it is the foundation of the application.
Some neighbours raise longer-term claims, such as years of using a strip of land. Those arguments depend on whether the land is in the Land Titles system, because for Land Titles land, no adverse title can be acquired by any length of possession. There is an exception for a person who was in possession when the first owner was registered with a possessory title only. Whether this applies to you depends on your property's registration, so it is worth confirming with a lawyer.
What to do next
- Gather your deed, any earlier surveys and your property registration details.
- Note where the fence, hedge, driveway or other markers sit, and take dated photographs.
- Talk to your neighbour calmly before spending money; a shared survey can save an argument.
- Hire a licensed surveyor to mark or confirm the boundary.
- Speak with a real estate lawyer before building, removing a fence or signing anything, especially if your neighbour objects.
- Check with your municipality about local rules on fence height and design, since those come from local by-laws.
Frequently asked questions
Can I just use the survey that came with my house purchase?
An older survey may help, but it may not reflect changes since it was prepared. If a dispute is serious, a current plan prepared by a licensed surveyor is generally safer. A Boundaries Act application needs an up-to-date plan of survey signed by a surveyor.
Can a fence-viewer decide where my property line is?
No. The Line Fences Act process does not decide where the property line is, and the Ontario government says owners must settle boundary line disputes themselves.
Who can do a boundary survey in Ontario?
A person holding a licence, limited licence or temporary licence under the Surveyors Act, or an unlicensed individual working under a licensed member's direction and supervision.
What if my neighbour will not accept the survey?
Where there is doubt about the boundary's location, you may be able to apply to the Director of Titles under the Boundaries Act to confirm it. Anyone objecting must deliver a written objection within the time set in the notice, and the Director must then offer a hearing. If no one objects, the Director may confirm the boundary without a hearing. A lawyer can tell you whether that route suits your situation.
Sources
- Ontario.ca – Line Fences Act (Ministry of Agriculture, Food and Agribusiness) — ontario.ca
- Line Fences Act, R.S.O. 1990, c. L.17, s. 8(4) — Ontario e-Laws
- Municipal Act, 2001, s. 11(3) para. 7 — 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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