Q&A

So, when somebody asks you, can I claim adverse possession? Really, there are two questions that you should come back with: First, what is the land status? Then, if it is Land Titles Qualified, you ask, what is the date of conversion? Only once you have that information can you really give any advice or any counsel to your client.  

So where do we find out where the land status is, and where do we find out where the date of conversion is? It's the Parcel Register.

What you see is not what you get when it comes to condominium areas. You are buying a twelve hundred square foot condo, that twelve hundred feet is determined according to Tarion’s Bulletin 22 and is called the marketing area or the salable area of the condo.

Now, what you end up living in, though, is that square footage, minus half the thickness of the demising walls, minus the full thickness of exterior walls, minus the thickness of the corridor walls, minus the area ...

A survey plan is probably the single most powerful document that you can acquire to attach to your deal using your deal that protects you and your client and your deal. First and foremost, it’s a legal document. It is a written contract with various components to it. The second thing is it is a diagrammatic representation of land boundaries, physical features and structures.

So it's both a legal documents that counters legal weight, but it's also a diagrammatic representation.

What's interesting about this is that there are certain situations, certain types of condo where the disparity between usable area and marketing area is most significant.

The Tarion Bulletin 22 contains, the area that's calculated includes all the way to the outside of exterior walls. That means if you have a corner unit, you have an additional exterior wall that you are going to pay that full width of in square footage. If the walls are a foot thick, and it's a 20 foot wall...

Technically speaking your neighbour is within their rights to build their walkway up to the property boundary (providing they are not violating any municipal zoning setback bylaws). However that right does not extend to them damaging any features or structures on your side of the property line. You have several pathways to resolution available to you:

1. Do nothing.

2. Resolve the situation with your neighbour.

3. Seek legal help. A lawyer who specializes in land and boundary issues can help you determine how to use..

Thanks for your question.  The product designed for fence-building is the Boundary Stakeout.  We will determine, through research, the location of the boundary and then perform an on-site stakeout of eight points along that boundary.  

Your fence-builder (or you if you’re doing it yourself) will use these to ensure your fence is where you want it to be relative to the boundary.

It is always wise to examine a survey plan when buying a house as part of your research and due diligence process. A survey plan is an accurate graphic representation of the size and extent of the property. It will provide information regarding the location of structures on the property, fences, encroachments and easements (if any).

It will also reveal any title or boundary issues that have the potential to escalate into problems. A new survey plan is the most advisable option; however, an existing plan may also deliver the essential information you need ...

You have rights. First of all, your neighbour cannot dig up your land without your permission.

This is a zoning question. Your neighbour is not allowed to build over the boundary, however, the proximity to it and the nature of the structure that can be built is determined by the City’s zoning bylaws.

I suggest you contact the City of Toronto’s building department for your answer (https://www.toronto.ca/services-payments/building-construction/).

The first thing I would ask is how do you know the carport is encroaching?  Did you have a survey or boundary stakeout done?  Or are you assuming, as most people do, that you know precicely where the boundary is?  The only way to be completely sure is too have a surveyor take a look at it for you.

Assuming you are correct, then you have to be prepared for the eventuality that you will have to comply with your neighbour’s request.  Having said that, there are some measures you can take to avoid a tear-down...