Q&A

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.

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.

Yes they are. By “stamped” they mean that they have an official sticker on them issues but the Association of Ontario Land Surveyors (AOLS) and that they have been embossed with the stamp of the surveyor that completed the work.

An electronic copy of such a plan (such as a PDF) is considered “valid” if is shows this sticker.

A: An encroachment refers to a physical entity that belongs to one landowner but lies wholly or partially on a neighbouring property.

Encroachments may be sheds, driveways, curbs, roof overhangs, eaves, retaining walls or fences. A survey plan enables a property owner to identify encroachments and seek professional advice to remedy the situation.

Title insurance is not "boundary insurance". Title insurance provides protection against certain deficiencies (listed in the policy) in the title to a parcel of land. In Ontario it is commonly used to close real estate transactions quickly.

As a regulated financial product, title insurance promises to compensate an insured party for losses arising from a problem discovered after purchasing the property; however, title insurance does not reveal potential problems before you buy the land. Title insurance is also subject to exclusions from coverage, including issues or problems

It is common in older urban areas to have a shared driveway between houses to access garages located in the backyard. In some instances "mutual" driveways have been used this way but have never been registered as an explicit right of way.

If your rights regarding a shared driveway are not expressly stated in your property deed (or that of your neighbour), you may need to take action to ensure that you have a legal right of way into your back garage or parking area.

Interesting situation. First of all the boundary is not just on the ground but extends upwards into the sky. Therefore the eves and downspouts of your neighbour's rear addition are in fact encroaching on your property.

You have the right to ask for those to be removed. The question though is how to go about it? 

Just as municipal zoning by-laws and land-use plans regulate what can be built and where, municipalities also regulate how and when portions of your land can be sold.

Most Ontario municipalities today require land severance approval with regard to any change to existing property boundaries, and a “consent to sever” is required if you intend to sell, mortgage, charge or enter into any agreement regarding the severed property for at least 21 years.

A: Local governments do provide services to aid in boundary protection, including zoning by-laws and fence viewers. Zoning by-laws cover issues such as how close to a property line a house or other structure may be built.

Fence viewers have prescribed procedures for assessing the costs and aesthetics of new fences when neighbours are in dispute.

Beyond this owners must resolve their differences privately. Also note that the police will not get involved unless your property or belongings are damaged or destroyed in a criminal act.