Unfortunately, you can’t pick your neighbours—though you surely wish you could when boundary disputes arise! Boundary disputes are a common cause of conflict between adjoining properties, and knowing your rights and how to navigate these challenging conflicts best is the best way to find a resolution that works for everyone.

In this blog post, we’ll delve into everything you need to know about boundary disputes, including common types of boundary disputes, how to identify your property boundaries, and the steps involved in resolving a boundary dispute.

Common Types of Boundary Disputes

Boundary disputes can arise in a variety of situations. Some of the more common types of boundary disputes include:

• Fence Placement: For example, where neighbours disagree over the construction, location, or maintenance of fences.
• Tree Encroachment: For example, branches or roots from a tree on one property extend into a neighbour’s property.
• Land Use: For example, one neighbour uses part of another neighbour’s property for anything from gardening to parking.

Identifying Property Boundaries in Boundary Disputes

Property boundaries are critical for establishing ownership limits and are a key piece of information needed to resolve boundary disputes. But how do you know where your property ends and your neighbour’s begins?

Property boundaries in Ontario are defined through surveys and official land records. These documents generally provide the information homeowners need to understand their property boundaries.

To find your property line, you can take the following steps:

• Check your property deed for information on your property’s legal description and dimensions (you can obtain a copy of your property deed through the Ontario Land Property Records Portal).
• Check your property’s survey plan, which will provide the location of property boundaries on your property.
• Search for physical boundary markers on your property, or hire a professional surveyor.

How Do I Resolve a Boundary Dispute?

Different legislation may apply depending on the nature of the boundary dispute.

Confirm Your Boundary Lines

Don’t assume your boundary line is where you think it is, especially if you may become involved in a boundary dispute. Before doing anything, conduct due diligence to confirm that the problematic action is occurring on your property.

Even if your neighbour is not encroaching on your property, you may still have legal recourse if their actions amount to a nuisance or violate local zoning by-laws. In this situation, consult an experienced real estate lawyer for guidance.

Talk To Your Neighbour

The best first step when dealing with a boundary dispute is to talk to your neighbour. Often, boundary disputes arise between neighbours because one or both parties don’t understand their legal obligations (or may be unaware of an issue, such as a tree encroaching on a neighbour’s property). Communicating openly can often lead to a mutually acceptable resolution without having to take legal action.

Consider Alternative Dispute Resolution

If attempting to resolve the boundary dispute directly with your neighbour doesn’t work, consider alternative dispute resolution (ADR) processes, like mediation and arbitration.

ADR tends to be less formal and confrontational than traditional court hearings and can be a great option for neighbours who wish to resolve a boundary dispute collaboratively.

Specific ADR for Fence Disputes

Disputes over fences designed to mark the boundary of a property are generally governed by the Line Fences Act, R.S.O. 1990, c. L.17. This Act creates an arbitration option for neighbours who disagree regarding a fence that is intended to mark the boundary between two properties:

• When no fence currently exists, but one owner wants to construct a new fence to mark the boundary; or
• Where a fence already exists, but one owner believes that the fence should be reconstructed or repaired.

Notably, this arbitration process is only available if the fence work has not been completed. If a neighbour has already constructed a new fence, the parties will need to resolve their dispute using general litigation processes.

Take Action in Court

If ADR is unsuccessful or unavailable, neighbours can bring boundary dispute claims against one another in court. Depending on the claimant’s goals, this step can involve one or more of the following:

• Applying for a declaration of the boundary line: one of the parties can apply to the Ontario Superior Court of Justice for an order defining the property lines, if necessary.
• Bringing a trespass or nuisance claim: A neighbour affected by a boundary dispute can bring an action against their neighbour for trespass or nuisance. They may ask that the neighbour perform a specific action (for example, removing a fence) or compensation for any damage arising from their neighbour’s actions.
• Bringing an adverse possession claim: in limited circumstances where a neighbour has used land on their neighbour’s property for an extended period, they may bring a claim in adverse possession for the ownership of the land they used.

Tips for Avoiding Boundary Disputes

Generally, people want to do their best to avoid boundary disputes with neighbours. Here are some helpful tips to help you steer clear of potential conflicts:

• Know your boundary lines: If you aren’t crystal clear on where your property ends and your neighbour’s property begins, conduct due diligence to determine your b boundary lines.
• Know your rights (and obligations): Understand what you can and can’t do on your property. Familiarize yourself with local by-laws and other regulations that might affect your use of the property.
• Inspect your boundaries: Make a habit of inspecting your boundaries regularly for potential issues (for example, a tree on your property encroaching on your neighbour’s property).
• Avoid potential issues: Exercise common sense—be careful not to encroach on your neighbour’s property by building structures or landscaping near the property.
• Communicate, communicate: If you suspect a boundary issue has occurred, talk to your neighbours as soon as possible to ensure the matter can be rectified. Likewise, foster good relationships with your neighbours by respecting their property and addressing any boundary dispute concerns they have as they arise.
• Seek professional guidance: Boundary disputes can be uncomfortable and challenging to navigate. If you have questions or concerns, consult an experienced real estate lawyer.

Contact Campbell Litigation in Waterloo For Real Estate Litigation Advice

Richard Campbell takes a client-focused and personalized approach to residential real estate litigation. Whether you’re dealing with a boundary dispute or an aborted real estate deal, Richard has significant experience supporting Ontarians with their real estate litigation needs. Call us at 519.886.1204 or contact us online to discuss your matter today.