Professional

Licensed Ontario Land Surveyors and their staff, working within the Province of Ontario, have a statutory right to enter onto private property in order to perform a survey. Despite this entitlement, they often meet resistance: neighbours may object and have been known to call the police to stop what they consider an act of trespass.

The law recognizes certain circumstances when officials of government agencies and inspectors can enter onto private land without a search warrant. But this access is subject to limitations. Even fire firefighters and emergency medical services staff must abide by certain conditions when entering private land during an emergency.

Your clients can be surprised to learn that they don’t always have the sole and exclusionary use of their own land. A portion of their driveway might be used by an adjacent landowner to access a garage. A public utility may have buried wires right where a prospective purchaser wants to dig a back yard pool.

Many properties in the GTA are subject to easement rights that the real estate professional needs to be aware of and be able to explain to their clients. It is a great opportunity to help a client mitigate risk and demonstrate the added value that you bring to as a Realtor. Conversely a buyer ‘s misunderstanding can cause a closing to be delayed or even result in litigation.

Adverse possession is a proceeding by which a property owner loses his/her claim of ownership of a portion of their property to a neighbouring land owner who has established a possessory claim in a court of law.

On April 22 2015 the Law Society of Upper Canada is holding the 12th Annual Real Estate Law Summit in Toronto.

Bob Aaron, lawyer and Toronto Star columnist, will be speaking on the importance of the land survey plan in today’s real estate transaction.

I was recently asked to write an article for the Association of Ontario Land Surveyors on the state of surveying and boundary due diligence in the real estate transaction.  Although aimed at surveyors, this article is highly relevant to real estate agents and lawyers as well:

The evolving role of boundary due diligence in a title insurance-backed real estate transaction.

 Chris Kamarianakis

Executive Director, Protect Your Boundaries Inc.

Today’s savvy homesellers understand the value of showing their home in its best light. “Staging” a home by eliminating clutter and adding tasteful artwork, neutral paint colours and optimal furniture arrangements has become routine in the hopes of attracting multiple offers and higher bids.

There is less awareness about the importance of including a property survey plan in the home information package. While the Agreement of Purchase and Sale (APS) contains a standard condition that allows the purchaser to request that the seller supply a survey plan if they have one in their possession, there is much confusion regarding this clause and what precisely the vendor will produce.

The first step to protecting your boundaries is to become informed about your rights as a private property owner. You have the right to exclusive use of your property, the right to legal protection against others intruding on your property, and the right to sell, transfer, exchange and mortgage property.

Land surveying – the art and science of mapping and measuring land, and calculating the precise locations and boundaries of divided plots of land – makes our system of private property ownership possible. Protect Your Boundaries was created to provide homeowners with the tools and information they need to safeguard their property assets. To that end, this blog post will provide answers to the top five boundary questions.

Where are my property boundaries?

Where does the fence go?

What can I do about a property boundary dispute with my neighbour?

If you have property boundary questions or concerns – or simply want to learn more about why a land survey plan is such an important homeowner document – be sure to check out the Protect Your Boundaries (PYB) booth (#909) at the Toronto Fall Home Show Sept. 18-21.

Approximately 49 per cent of residential properties in the Greater Toronto Area have property boundary discrepancies that could lead to disputes between neighbours, a study by PYB shows.

A random sample of 415 land survey plans from the City of Toronto and the regional municipalities of Durham, Halton, Peel and York revealed that 205, or 49 per cent, of the properties have a misplaced fence or other encroaching structure or occupation issue with the potential to create conflict between neighbours.

In the early 1990s, title insurance was introduced to the Canadian real estate market, offering lenders, lawyers and homebuyers insurance against title defects, off-title building code infractions, mortgage and title fraud, as well as many property boundary defects that would otherwise have been revealed in an up-to-date land survey plan.

In doing so, title insurance made it possible for real estate transactions to close faster but with far less due diligence – it is no longer routine for the survey plan to be thoroughly examined prior to purchase to ascertain the property’s physical features – buildings, garages, sheds, fences, walls, decks, etc. – relative to the property’s boundary.