Your Neighbour Built Over the Property Line — What Can You Do in Ontario?
A neighbour's fence, shed, driveway, or tree crosses onto your land. Ontario law gives you options ranging from a polite conversation to a Small Claims Court...
Frequently Asked Questions
How much does a property survey cost in Ontario?
A Surveyor's Real Property Report (SRPR) typically costs $1,500 to $3,000, depending on the size and complexity of the lot. Urban lots with straightforward boundaries tend to be at the lower end. The survey is the single most important piece of evidence in any encroachment dispute and is usually required before a court will act.
Can my neighbour claim my land if their fence has been in the wrong spot for years?
It depends on your land registration system. Under the Land Titles system (which covers most Ontario properties), adverse possession is not available — your neighbour cannot gain title to the strip no matter how long the fence has been there. Under the older Registry system, a claim may be possible after 10 years of open, continuous, and exclusive possession without your permission.
Can Small Claims Court order my neighbour to remove an encroachment?
No. Small Claims Court can award monetary damages (up to $50,000) but cannot grant injunctions. If you need a court order requiring removal, you must apply to the Superior Court of Justice, which requires a lawyer. However, a Small Claims judgment for ongoing damages often motivates the neighbour to remove the encroachment voluntarily.
What is the Line Fences Act?
The Line Fences Act is an Ontario statute that provides a process for resolving disputes about boundary fences. Either property owner can apply to the municipality for the appointment of fence viewers, who inspect the properties and issue a binding award about the fence's location, type, and cost-sharing. It is faster and cheaper than court for pure fence disputes.
Can I cut tree branches that hang over my property from my neighbour's tree?
Yes. Under Ontario common law, you have the right to trim branches and roots that cross onto your property, up to the property line. You must not damage the health of the tree, and you cannot enter your neighbour's property to do the trimming. Check your municipality's tree by-laws first, as some regulate removal of trees over a certain size.
How long do I have to sue over an encroachment?
Under the Limitations Act, 2002, you generally have two years from the date you discovered (or ought to have discovered) the encroachment to commence a civil claim. However, encroachments are considered a continuing trespass, so the limitation period may reset with each day the encroachment continues. Acting promptly is still advisable to avoid complications.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.