Neighbour claims garage over property line

Hi Patrina;

When a surveyor creates a survey plan he or she is expressing their professional opinion on the location of the property boundary relative to the structures and features around it. This opinion is developed through research of historical surveys and title records of the property and surrounding area. Sometimes, as appears to be the case here, surveyors' opinions differ.

One of them got it wrong, which, while rare, sometimes happens. What you cannot be sure of is whether your original surveyor made the error or it was the recent surveyor who surveyed your neighbour's property. 

The course of action we would recommend is to contact your neighbour's survey firm and explain your situation to them. It may be that they missed key evidence (like your historical survey) or it may be that their comprehensive research proved your original surveyor wrong. In either case you should be aware that surveyors in Canada have a "quasi-judicial" status. While they work for their clients, they do not advocate for them. They simply state where their research tells them the boundaries are. If you present your neighbour's surveyor evidence that suggests their opinion could be incorrect, they should be open to changing that opinion. 

If you still are not satisfied with the outcome, you can contact the Association of Ontario Land Surveyors (www.aols.org), the profession's governing body in Ontario.