Built on a Bad Assumption: How a Hamilton Homeowner Could Have Saved $400K with One Call to PYB

The Pricey Lesson

In a recent story out of Hamilton, a homeowner found themselves in hot water with the city after building a $400,000 poolside oasis on public parkland. The situation has sparked widespread discussion about property rights and the importance of doing your due diligence before starting any build.

One call to Protect Your Boundaries could have helped this homeowner avoid catastrophe and saved them hundreds of thousands of dollars. Here’s how.

How Did This Happen?

The homeowner invested heavily in transforming their backyard into a private retreat: a pool, professional landscaping, stonework, and a large garage-like structure. Believing the land adjacent to their lot was theirs, based on a stake they found in the ground, they moved ahead with the build.

They only applied for a permit after everything was completed. At that point, they were informed that part of their landscaping, and most notably the garage, had been constructed on city-owned parkland. A permit could not be issued.

The City’s Response

In an effort to fix the situation, the homeowner offered to purchase the land from the City of Hamilton for $150,000. An offer the city declined. Instead, it ordered the removal of all unauthorized structures and required the land to be restored to its natural state.

In addition to the enormous financial loss, the homeowner was also fined $7,000 for violating city bylaws.

While it is every homeowner’s right to improve their property, there is a right and legal way to do it. In this case, the homeowner skipped the permit process and failed to review municipal zoning regulations.

How PYB Could Have Helped

There is a good chance that this homeowner made an honest mistake and truly did not know the lengths to which they were, quite literally, overstepping the boundary. However, one phone call to Protect Your Boundaries could have changed everything.

Here’s how:

Survey Plans Are Your First Line of Defense

When you tell us about your project, the first thing we’ll advise is Get a Copy of Your Survey.. Stakes in the ground are not reliable. Only a legal land survey will give you a definitive picture of where your property begins and ends.

You can search our extensive database to see if we already have your survey on file. If you're unsure, we’ll check for you to make sure you get exactly what you need.

If it’s not in our system, our team can help locate one through our Find My Survey Plan service. Our experienced researchers will dive into external archives and databases to track down a copy if one exists.

We Genuinely Care About Your Land

Our customer service team is passionate about helping homeowners do things the right way. If we couldn’t find a survey for this homeowner, we would have strongly urged them to wait and not build until a current legal survey was completed.

We also consistently remind our customers to check local municipal zoning bylaws and secure any necessary permits before starting any construction.
Additionally, if there are easements on the property, our Easement Reports help homeowners understand what restrictions may apply—before it's too late.

The Bottom Line

This is a cautionary tale for any homeowner considering a build. What should have been a peaceful backyard oasis is now a source of stress, legal trouble, and financial loss.

Had this homeowner confirmed their boundaries and reviewed their zoning obligations, they could have built a space that brought enjoyment for years to come, without any legal headaches.

If you’re planning a home improvement project, protect your investment the smart way: know your boundaries, get the proper permits, and do your due diligence.

To learn more or to get started, visit the Protect Your Boundaries website or Contact Us with your land and boundary questions. We’re here to help.