The PYB Blog

Providing that both you and your neighbour want the easement removed then the process is pretty simple. You each have to have a lawyer complete a Transfer, Release and Abandonment of Easement application and have it submitted to your local land registry office.

The reason for this is that each of you has rights over a portion of the other's land. Each of you therefore must formally release the other of that burden.

Assuming we're talking about Ontario, the answer has several parts to it.

You can build whatever you want on your property providing that it meets building code and local zoning requirements.

The first thing you want to do is check the zoning bylaws of the city you live in and find out how the gazebo and the location you're proposing for it match up against your local zoning regulations. Your local building department will advise you as to what plans or permits you might need in order to complete the job.

Thanks for your question.

First of all, planting a flower bed on your side of the property line is an encroachment and each time your neighbour comes onto your property to tend the bed they are trespassing on your property. You are within your rights to ask your neighbour to remove the flower bed from your property and restore whatever was there before. 

If a registered land surveyor conducted the survey it is most likely accurate, and getting a second surveyor to do a survey will not reveal anything new. The exception to this is if you truly believe that they made a mistake, in which case you should call your surveyor and have that discussion. 

As far as moving the fence if your neighbour asks you to, they are within their rights to ask you to do this as you...

It's actually illegal to remove survey bars in Ontario, however it's difficult to enforce and it happens quite often. The good news is that the location of that corner of your property is documented on the survey plan that your surveyor gave you.

You may want to ask your neighbour to pay for the surveyor to come out again and replace the bar. If they won't and you want that bar there, maybe it's a cost that you'll be willing to incur.

So, your addition is built directly onto your neighbour's wall, meaning that if they took their wall down you'd have an open side to your addition.

While it is not permitted to build onto a neighbour's wall, even if that wall is right on the property line, it's unlikely that you would be forced to remove your addition if, in fact, it's been there for a number of years and was built by a previous owner. A lawyer will help you determine your exact level of risk on that one.

These boxes indicate the presence of survey monuments - 2 or 4 foot long iron survey bars that surveyors drive into the ground to physically mark boundary points. 

The solid black squares indicate an existing iron bar that the surveyor found and is confirming the presence and location of.

A basic residential survey typically takes 5-10 business days to complete. That includes up-front research, field work, plan drafting and final plan checking.

The work will take a month (or more) if it's in some way more complex than a standard residential lot, or, more likely, the surveyor has more than your job that his firm is working on at the same time, so the 7-10 days of work are completed over a longer period of time.

If your job is time-sensitive, as for a contract from your surveyor stating when they commit to completing the job.

New survey plan completion depends on several factors:

- How large is the property;

- Is it in an urban, suburban or rural area; 

- Can the surveyor get working on your survey right away?

- Is the lot backing onto a ravine or conservation land?

Typically, for a smaller (standard size) urban property it takes approximately 7-10 business days assuming the land surveyor starts the survey work immediately.

The surveying industry in Ontario is governed and regulated by the Association of Ontario Land Surveyors (www.aols.org). Surveyors hold a quasi-judicial "role" meaning that while they are paid by clients to do work, their opinions regarding boundaries are impartial. Therefore providing that the surveyor you select is a member in good standing of the AOLS, you should be getting top quality results. 

To be certain, do your due diligence and ask for references if you so choose.