Q&A

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...

The ownership of a tree that is located on or near the property boundary can be complex: trees with a portion of the trunk straddling the boundary line are considered co-owned, belonging to both property owners.

A: Unfortunately, the original survey can only be updated by the land surveying firm that created it and owns the copyright to the plan.

A: A survey plan is a snapshot of a property that is current as of the date the fieldwork was done and the title information researched by the surveyor. To be considered up-to-date, a survey plan must comply with current professional standards and legislation.

Requirements for siting structures or pools vary from municipality to municipality, each having zoning by-laws that deal with structures (pools, sheds, additions, etc.) Check with your municipality’s building department to know what is permitted.

Building projects generally require a site plan that includes information from a Topographic Plan that typically shows the locations and measured diameters of deciduous and coniferous trees growing on the property.

Property boundaries that are not well known and well demarcated can lead to confusion about boundary locations—especially when an existing survey plan is unavailable.

In situations like this, it is recommended that you and your neighbour engage a licensed land surveyor.

A: Don’t assume the boundary issue won’t be your problem.

If a potential buyer reviews a survey as part of their due diligence, this boundary issue could delay or even terminate the closing, and possibly lead to a substantially reduced sale price.

Many trespassing or property encroachment situations are simply a case of a neighbour being unaware or unconcerned about the location of property boundaries.

Before speaking to your neighbour about the situation, ensure that you know exactly where your boundaries are located. Do not assume that a fence line, swale or ditch, hedgerow or tree marks the boundary between your properties. Only a survey plan, or a surveyor's field stakeout, is authoritative evidence of the location of the boundary.

Generally, people can prune overgrowth in their yard. The law recognizes the rights of landowners to enjoy their property. However, there is a City of Toronto by-law formally known as City of Toronto Municipal Code, Chapter 813, Article III, 'Private Tree Protection', designed to protect trees.