The neighbour to my right has lived at that location for 40 years and can reliably confirm the custom and practice of the division of land for at least that long. 2. If a land survey has determined that there really is encroachment, or if the neighbors agree that encroachment is an issue, then it is time to look for a solution. Property lines are often a cause of dispute between neighbors. If your neighbour disputes your facts or disagrees with your survey, then it may be time to consult a lawyer, who will help you understand your property rights and what legal recourse you have. As such, they have the right to enter your land to … Going to court should be your last resort. An encroachment exists when a structure owned by a contiguous property owner crosses over the boundary line and is occupying part of your land. Analyze your metes and bounds survey record. Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit.But boundary lines can become more complicated in single-family residential, suburban, or rural settings. A dispute with a neighbour over property boundaries can become a homeowner’s waking nightmare. JavaScript seems to be disabled in your browser. PYB PROCreated for Land Professionals. As such it has limited application to line fence trespass situations. The first element of adverse possession is occupation of the property in a manner that is “open and notorious”, meaning under circumstances that give reasonable notice of the occupation to the true owner. Establishing the Date of … How to know if you’re encroaching That’s the beautiful part, you won’t know! If your neighbor has taken a few feet of your land when building his … Join the Directory Licensed to Practice law in Ontario for over 25 years. Record events involving your boundary dispute as they happen with journal entries, photos and videos if possible. Should you call the police or involve your local municipality? Property line dispute - encroachment - historical division of land differs from legal property lines. The individual with the property encroachment will typically consider 1 of 2 legal remedies when protecting their encroachment: adverse possession and prescriptive easement. Line Fences Act (LFA) Allowed Trespass Under these laws, if someone openly uses and improves land and pays property taxes, he or she can take possession of it after a certain period of time. An encroachment is an improvement made to City property that is located entirely or partly in, on, under or above the City’s property. While there is a fee levied by most municipalities for the service, the fee would certainly pale in comparison to the cost of a full legal tilt with your neighbour. There must also be an intention to exclude the true owner. For Lawyers: Alternatively, consider engaging a licensed Ontario Land Surveyor to mark your property lines on the ground, set stakes along the property line and install brightly painted survey bars on your property corners. People who are encroaching on your property boundaries often peacefully comply when politely asked to desist. Common encroaching structures include fences, driveways, sheds and detached garages. If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees. The police will not get involved unless your property or belongings are damaged or destroyed in a criminal act. In some instances, unambiguous markers from an earlier survey establish that. Canadian Property Law. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. In Ontario, the occupation must be actual, open, notorious, exclusive and continuous for a period of 10 years. Call us at 1-877-392-2662 (in the GTA) or email info@ProtectYourBoundaries.ca. One of the terms to which he "covenants and agrees" is that he will secure a building permit from the city of St. Catharines. If a property owner makes use of a part of a neighbor’s property for over five years, he or she may request a court order that they “own” the land underlying the improvements if the encroachment has been (1) open (visible) and notorious (obvious); (2) continuous and uninterrupted for five years; (3) hostile to (without consent of) the true owner; (4) under claim of right; and (5) they paid taxes on the … My neighbor has an encroachment agreement with a Regional Government in Ontario allowing an addition to his house to remain over an easement for Hydro watermains. Firstly, you need to know something about the two systems of land registration in Ontario. 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