Practice Areas

Boundary disputes in Ontario involve disagreements between property owners over the location and ownership of a property’s boundary.

These disputes can be complex and require legal expertise to resolve. Boundary disputes in Ontario are governed by the common law, as well as by the Land Titles Act, which provides a framework for the registration of property titles and the resolution of disputes.

There are several types of boundary disputes that can arise in Ontario, including:

Trespass

Trespass occurs when a property owner enters onto another property without permission. Trespass can occur when there is a dispute over the location of the boundary between properties.

Example: A property owner may plant trees or erect a fence that encroaches onto their neighbor’s property, which may be considered trespass.

Adverse possession

Adverse possession occurs when a person takes possession of another’s property without permission and holds it for a period of time. Adverse possession can occur when there is a dispute over the ownership of a property or the location of a boundary.

Example: A property owner may occupy a portion of their neighbor’s property for an extended period of time, which may be considered adverse possession.

Encroachment

Encroachment occurs when a structure, object, or other item on one property extends over the boundary onto another property.

Example: A property owner may build a shed or garage that extends over the boundary onto their neighbor’s property, which may be considered encroachment.

Nuisance

Nuisance occurs when a property owner engages in an activity that interferes with the use and enjoyment of another’s property.

Example: A property owner may use their property in a way that creates excessive noise, odors, or other disturbances that interfere with their neighbor’s use and enjoyment of their own property.

In Ontario, resolving boundary disputes often requires an examination of the legal description of the properties, surveys, and other evidence related to the ownership and location of the disputed boundary.

It may also involve legal arguments related to property law, trespass, and nuisance. Disputes can be resolved through negotiation, mediation, or litigation, depending on the nature and complexity of the dispute.

Under Ontario law, property owners have a duty to maintain and respect the boundaries of their property. If a property owner causes damage or interferes with the use and enjoyment of their neighbor’s property, they may be liable for damages and other legal consequences. Similarly, if a property owner is found to be in trespass or encroachment, they may be required to remove the offending structures or objects and pay damages to the affected party.