Q&A

Hi Bob.

The most reliable and safe way to do this is to hire a surveyor to stake the boundary out. If you are in Ontario, land surveyors are professionals with the right to provide a legal opinion on the location of the boundary. So hiring a surveyor is the best way to go.

Hi PWS. Tricky situation. Let's break it down.

First, if the chain link fence is on their property they are within their rights to take it down and replace it. The question is, how do they know it's on their property, and how do you know it's not?

Do either of you have a survey that supports your position? Did a surveyor stake the property line out? That will clarify the situation.

In Ontario surveyors are governed by the Association of Land Surveyors of Ontario which maintains and enforces rigorous standards upon the profession (www.aols.org). A cornerstone of an Ontario Land Surveyor's mandate is to protect the publics interest.

While we, as homeowners, hire surveyors to do work for us, their primary responsibility is to the integrity of our land fabric, something that they take quite seriously. 

It's great to see someone asking this question before spending months going about a claim in ineffective ways! Technically speaking you can make the claim yourself, or hire a lawyer to make it for you.

In our experience, making a title insurance claim yourself can be a frustrating and time consuming process, putting you and your legal expertise up against a large insurance company's legal department. Not only that, but you don't know if you're getting everything that you could or if the title insurance company is manipulating your lack of experience.

In Toronto a new survey for a standard residential property will cost $1,800 and up, depending on the surveyor, how much research they will invest in, the size and shape of your lot and the specifics of what you need it for.

Typically surveys are done in 2-4 weeks however some survey firms like ours offer "express" options to get them done in less.

There are five title insurance companies in Canada: Stewart Title, First Canadian Title, Chicago Title, Travellers, and TitlePLUS. Only TitlePLUS is a Canadian company operated by the Law Society of Upper Canada.

The remainder are US companies. So yes, there is a choice. It's important to know that while their policies are substantially similar, they do differ in the nature of certain aspects of their coverage.

Hi SandraDee.

Question 1: do I have to buy title insurance. 

Answer: No, unless your lender (bank, mortgage company) has it as a condition of their loan to you, which most do. If you're not beholden to a lender then it is absolutely a choice for you.

Question 2: What does title insurance do?

Answer: Big topic, but in summary, it insures you, your lender and your lawyer against defects

Thanks for your question.

Yes, it still exists, but the nature of how it works and who can claim has changed.

Here's a great blog post with all the details:

https://www.protectyourboundaries.ca/blog/adverse-possession-viable-or-not

Hi Karen;

Maximum peace of mind will be gained by hiring a surveyor to do a boundary inspection for you. I'm sure you have a home inspection planned...get the land professionals to check out the boundary (or rather the structures and features that are close to it) for you. that way you'll know for sure.

Hi JP.

It depends. If it's just a required document for the closing process, it will likely suffice because it will show the location of the property as well as the location of its boundaries and their dimensions. However, a subdivision plan does not usually show the building foot print or any other physical features on the property.

If your buyer is asking for an SRPR (surveyor's real property report) then the subdivision plan will not suffice.