July 8, 2025
Property disputes between neighbours can be stressful, especially when it comes to encroachment — the unauthorized use of your land. Whether it’s a fence, a shed, or part of a driveway, it’s important to understand your rights and the steps to resolve the situation legally and effectively. Here’s what Ontario property owners need to know about challenging a neighbour’s encroachment.
What is Encroachment?
Encroachment occurs when a person builds or extends a structure onto land that does not belong to them. Common examples include:
- Fences erected past the property line
- Sheds or decks that extend onto a neighbouring lot
- Driveways or landscaping features that cross boundaries
In Ontario, property lines are legally defined in your deed and supported by a survey. Any intrusion beyond that line could be grounds for legal action.
Step 1: Confirm the Property Line
Before confronting your neighbour, it’s critical to confirm where the boundary actually lies. This usually requires:
- A recent land survey: A licensed Ontario land surveyor can provide an up-to-date boundary survey and identify any encroachments. If you don’t already have one, you can commission a new survey.
- Reviewing your deed: Legal descriptions of your property boundaries are found in your land transfer documents.
Without a clear understanding of the boundary, disputes often become one person’s word against another’s.
Step 2: Review Title Insurance
If your purchase was protected by a policy of title insurance, the policy may provide some limited protection against encroachment. Typically, the insurer may either compensate you for the diminution in value of your land or pay the cost of a “repair” – that is, the cost of dealing with the neighbour.
It may be a good move to consult the insurer before communicating with your neighbour, and certainly before commencing any legal action.
Step 3: Communicate with Your Neighbour
Once you’ve confirmed the encroachment, speak to your neighbour. They may be unaware of the issue and willing to rectify it. When approaching the conversation:
- Be respectful and non-confrontational
- Share the survey (if you have one)
- Suggest a mutually agreeable solution, such as relocation or modification of the structure
Many disputes can be resolved at this stage without legal intervention.
Step 4: Put It in Writing
If verbal communication doesn’t lead to a resolution, follow up in writing. A letter can serve as a formal request and creates a record of your efforts. Include:
- A description of the encroachment
- A copy of the survey or other supporting documents
- A request for removal or resolution within a reasonable timeframe
This written record can be useful if you later seek legal remedies.
Step 5: Consider Mediation or Arbitration
Ontario courts often encourage alternative dispute resolution (ADR) before litigation. Mediation can help both parties reach a mutually acceptable solution and is generally faster and less expensive than going to court. Some municipalities also offer local dispute resolution programs.
Step 6: Take Legal Action if Necessary
If all else fails, you may need to take the matter to court. Legal remedies in Ontario include:
- An application for a court order to compel the removal of the encroachment
- Damages for trespass or loss of use
- An injunction to prevent future encroachments
The Superior Court of Justice has jurisdiction over real property disputes. Before filing, consult a lawyer to assess your chances of success and explore whether the case is worth pursuing financially.
Adverse Possession: A Note of Caution
In rare cases, a neighbour may claim title to your land under adverse possession — often referred to as “squatters’ rights.” While this is very difficult to prove, and nearly impossible for registered land under Ontario’s Land Titles system, it’s worth being aware of if the encroachment has existed for many years.
Takeaways
- Encroachment disputes can escalate quickly if not handled carefully.
- Start with accurate information — especially a land survey
- try to resolve the matter amicably if possible.
- If the dispute cannot be settled informally, legal remedies are available under Ontario property law.
How Weilers LLP can help you
If you’re unsure of your rights or how to proceed, it’s wise to consult a real estate lawyer early. A small investment in legal advice now can save you considerable time, money, and stress later. The real estate team at Weilers LLP is knowledgeable and experienced. They work closely with our litigation team to pursue dispute resolution. If you need a lawyer, give us a call and see if we are the right lawyers for you.