Boundary disputes can arise between neighbours, turning those friendly "hello's" into an awkward legal battle.
If you own property in Ontario, understanding your boundaries and property rights is a legal necessity.
In this article, I'll highlight common issues, the legal framework, and guide you on how to prevent and resolve disputes.
Property boundaries refer to the defined lines that mark the edges of a parcel of land.
These boundaries outline the extent of the area that a property owner has the legal right to use, occupy, and modify.
Understanding and defining property boundaries is crucial in real estate for:
In Ontario, property boundaries are recorded in the Land Titles system, a modern system of land registration, that ensures rightful ownership and precise description of land.
To obtain a visual rendering of a property's boundaries, you will need a land survey. In Ontario, these can only be produced by licensed land surveyors.
Boundary disputes refer to disagreements or conflicts over the precise lines that define the limits of a property and the relative location of structures.
Disputes related to property boundaries are not uncommon in Ontario, and they often arise from a lack of understanding or misinterpretation of the established boundaries.
These disputes arise between neighboring property owners and can involve various issues related to the ownership, use, or extent of property boundaries.
Some of the most common types of boundary disputes are:
As a property owner, it is important to understand how to navigate a boundary disputes in order to resolve the matter amicably.
Preventing boundary disputes is often easier than resolving them. Being a good neighbor and maintaining open communication can help prevent misunderstandings from escalating into disputes.
Before constructing fences or structures, obtain a land survey and mark your property lines. This proactive approach helps avoid encroachments and legal complications.
Additionally, understanding local zoning laws is another proactive step you can take to protect your property rights. Zoning laws can affect where you can build on your property, so having a clear understanding of these laws will help you maintain the correct boundaries and avoid potential violations.
Boundary disputes often arise from misunderstandings or discrepancies of where property lines lie. Resolving these types of disputes requires a mix of legal knowledge, clear communication, and sometimes, the intervention of legal or mediation services.
The first step in resolving any boundary dispute is to understand your property's exact boundaries.
To do this, you need to obtain a Land Survey from a licensed Ontario Land Surveyor. This will provide a detailed and accurate picture of your property lines, showing physical features, measurements, and potential encroachments on your land.
In addition to a survey, it is recommended to obtain a title search and zoning by-law review to determine whether any registered legal rights (such as easements) or by-law provisions are affecting your property boundaries. This can be performed by your real estate lawyer.
Once you've confirmed that there is a disputable issue (like an encroachment), the next step is to notify the neighbour of the issue.
It is highly recommended that this is done by way of a formal legal letter. This does not mean it has to be threatening or confrontational - but rather, the formal legal letter conveys the seriousness of the offence and outlines the evidence and proper steps for resolving the dispute.
Even when sending a legal demand letter, the preferred outcome is a resolution between the neighbours without the involvement of legal proceedings and courts.
When boundary disputes between neighbors cannot be resolved through direct communication, mediation and legal recourse become necessary steps.
It's crucial to seek legal advice before proceeding. A real estate lawyer can provide valuable guidance based on your situation, helping you understand your legal rights and the best course of action.
Boundary disputes can be complex and emotionally charged. It is important to take proper precautions and seek the advice of an experienced real estate lawyer when needed to protect your property rights.
Understanding the boundaries of your property, local zoning by-laws, and legal recourse options can help you avoid disputes or resolve them efficiently if they do arise. Keep in mind that protecting your property is not just about physical boundaries but also about safeguarding your financial interests and maintaining peace of mind.
If you have questions about Boundary Disputes or any other real estate legal matter, we're here to help. As real estate law specialists, our mission is to provide the clarity and direction you need to protect your property rights.
Written by
Zachary Soccio-Marandola
Real Estate Lawyer
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