Q&A
My neighbour wants to cut down a tree that provides privacy and shade for my backyard. It’s growing on the property line, so who owns it?
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.
I have an old survey that I want to update, but I can't locate the original surveyor. Can it be updated by another surveyor?
A: Unfortunately, the original survey can only be updated by the land surveying firm that created it and owns the copyright to the plan.
Does a survey plan expire after a period of time?
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.
How far from my property boundaries am I required to site a backyard shed or a pool?
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.
I’m building a house on a parcel of land that has many trees. What do I need to know?
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.
Can my neighbor and I simply agree on the location of the boundary?
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.
I know my property has a boundary issue, but I plan to sell the house next year. Why should I solve this boundary issue when it will soon no longer be my problem?
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.
How can I stop my neighbour from trespassing on my land?
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.
We have an old willow tree with branches that hang over the backyard of our next-door neighbour’s property. They say the tree’s branches are blocking the sunlight for their garden and they want to cut the branches growing over their property...
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.
I am a realtor and want to get due diligence done on the land my client is buying. How you can assist?
Great question. 49% of residential properties in the GTA have boundary issues that can flare up into full-blown disputes after a house sale.
Interestingly, Title Insurance does not cover most of these issues, so all too often homeowners are left in a bad situation.
Protect Your Boundaries Inc. is a licensed member of the Association of Ontario Land Surveyors, and is entitled to provide cadastral surveying services to the public of the Province of Ontario in accordance with the provisions of the Surveyors Act R.S.O. 1990, Chapter S29.