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. An encroachment exists when a structure owned by a contiguous property owner crosses over the boundary line and is occupying part of your land. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. Your property is subject to a hydro easement under Section 42 of the Power Corporation Act wherein it provides that all cables, poles and wires above and below ground on private property belong to Ontario Hydro. Before proceeding, you need to know the exact location of the property line. The Encroachment By-law 037-2017 (PDF) outlines rules to keep public properties safe, clear and accessible for all who use them. An “encroachment” is a term used in property law that refers to when one property owner builds or extends a structure to the point that it reaches their neighbor’s adjoining property or land. Line Fences and the Law in Ontario. This survey will show you the boundaries of your property. Both long term residents have told me directly that, for all intents and purposes, the tree lines serve as property lines; the landscaping suggests this is true.
The girlfriend is prepared to surrender the same amount of land on the opposite side of their lot to the next neighbour who, like the rest of us, has no motive or purpose to do so.
What I would like to know is whether there is historical precedence or a specific law that would support my position that the land they are attempting to claim is mine by virtue of the fact that no one has disputed the accepted property lines in 40 or more years.
I would also like to know whether it would resolve the matter favourably - and whether I have the legal right - to deny their claim and put the onus on them to prove it.
Thanks in advance for any assistance you can provide.
, Asked over 8 years ago in Alexandria, OntarioCategories: Real Estate Small Claims. A squatter can acquire ownership of a property by “adverse possession”, which is set out in the Code of Civil Procedure at § 325. Official Property Page See all available survey plans, easement/right-of-way information, and other information about this specific property. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. Define your property line with a formal survey. The confusion over property boundaries is the basis of many neighbor disputes, including encroachments (or perceived encroachments) on one's property. 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. For example, a neighbor might use part of someone else's lot as a driveway, constituting open use and improvement if he or she paves or … Call us at 1-877-392-2662 (in the GTA) or email info@ProtectYourBoundaries.ca. In most cases, you'll need to hire a legally registered surveyor to establish and mark the actual property line. JavaScript seems to be disabled in your browser. All Rights Reserved. The police will not get involved unless your property or belongings are damaged or destroyed in a criminal act. As a first-time home buyer, I made the mistake of buying a house without receiving or conducting a land survey. Map ViewOur original map based results. Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. Updated: June 23, 2020. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries. Encroachments can occur at the front, side or behind a property on parkland, and are not authorized under the Parklands By-law and the Boulevard Maintenance and Highway Obstruction By-law. Differing opinions ignite boundary disputes, but measured facts determined by property surveys extinguish them. Should you call the police or involve your local municipality? Boundary disputes are usually precipitated when a neighbour tears down a fence, chops down a tree, cuts your hedge to an outlandish shape or builds something straddling the property line without regard for the legal location of the property boundary. In order to terminate the rights of the deeded owner, the trespasser must occupy the deeded land without permission. This course of action allows you to establish that you are making a good faith effort to ensure you really are dealing with encroachment. Unfortunately, some do not and they rebuff all attempts to arrive at a reasonable solution. Establishing the Date of … Or it may be your neighbour who’s complaining about something you’ve done that you think is within your property rights. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. Firstly, you need to know something about the two systems of land registration in Ontario. The Registry system is the older one. Record events involving your boundary dispute as they happen with journal entries, photos and videos if possible. Safe, clear and accessible for all who use them line Fences Act ( LFA ) trespass... Really are dealing with encroachment you are making a good faith effort to ensure you really are dealing encroachment. As such it has limited application to line fence trespass situations legal advice to you call police... Since property line the world, property encroachment will typically consider 1 of 2 legal when... 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