My Neighbor's Fence is On My Property! What Ontario Law Says You Can (and Can't) Do
It is a situation that can turn a friendly wave into a heated dispute: you get a new property survey and discover your neighbor's fence, shed, or garden is actually on your land. For homeowners in Whitby, Oshawa, and across the Durham Region, property lines can be a source of major stress.
Before you take matters into your own hands, it's crucial to understand what Ontario law says about property encroachments. Acting rashly could put you in legal trouble.
First Thing First: Don't Touch That Fence!
Your immediate instinct might be to demand the fence be torn down or even to start removing it yourself. Do not do this. Taking unilateral action can escalate the conflict and expose you to legal claims from your neighbor for property damage.
The first step is always to confirm the encroachment.
The Power of a Land Survey
Feelings and estimations don't count when it comes to property lines; only legal documents do. The most important document is a Surveyor's Real Property Report (SRPR). This is a detailed map of your property created by a licensed surveyor that shows the precise boundaries of your land and the location of any structures, fences, and buildings on it.
If you don't have a recent survey, getting one is the only way to prove that an encroachment exists. It will be the foundation of your entire case.
So, It's on My Land. Now What?
Once an SRPR confirms the fence is on your property, you have several options. The best approach is to start with communication and escalate only as needed.
Have a Friendly Conversation: Your neighbor may honestly not know about the encroachment. Approach them calmly, with a copy of your survey in hand. A simple conversation can often lead to an amicable solution, like a written agreement to move the fence when it next needs replacement, or by an agreeable date.
The Legal Letter: If talking doesn't work, the next step is a formal demand letter from a lawyer. A demand letter explains the legal situation, provides the evidence from the survey, and sets a clear deadline for the neighbor to resolve the issue (by removing the encroaching structure). Often, a letter from a law firm shows you are serious and may be enough to prompt action.
Taking it to Court: If your neighbor still refuses to cooperate, your last resort is legal action. In Ontario, you can file an application with the court to get an order forcing your neighbor to remove the encroaching structure. The court will rely heavily on your survey as evidence.
What About "Adverse Possession" (a.k.a Squatter's Rights)?
Some people believe that if a fence has been in place for a long time (e.g., more than 10 years), they can claim ownership of that land through a concept called adverse possession.
However, this is extremely difficult to prove in Ontario, especially for properties in the modern Land Titles system (which covers most properties in the Durham Region). For a claim to even be considered, the possession must have been continuous, exclusive, and without the owner's permission for a specific period, and this period must have been completed before the property was converted into the Land Titles system. For most residential properties, adverse possession is not a viable claim for your neighbor.
Get a Clear Answer and Protect Your Property
A property line dispute can be incredibly frustrating. Having an experienced real estate lawyer on your side ensures you handle the situation correctly and effectively, protecting your property rights without escalating the conflict unnecessarily.
If you are facing a property line in issues in Whitby, Oshawa, Ajax, Pickering, or anywhere in the Durham Region, don't wait. Contact Everyday Law Co. today for a consultation to understand your legal options and plan your next steps.
