The PYB Blog

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.

Our last few blog posts have focused on the top four situations where a land survey plan is important: buying a home, selling a home, planning an exterior renovation (building a fence, shed, etc.) and disputing a boundary. Now we’ll look at the land survey plan itself, and the important role it plays in our system of private land ownership, which is based on properties with well-defined boundaries.

One of the oldest professions in the world, land surveying emerged along with the human desire to build large structures, from Stonehenge forward. Ancient surveyors plotted the sites of the pyramids in Egypt before the first massive building stones slid into place. The Romans established land surveying as a profession to measure and manage the conquered lands that formed their empire. Both William the Conqueror and Napoleon Bonaparte relied on precise maps to gain wealth and power.

Notable surveyors include Sir George Everest, (yes, that mountain), George Washington and Abraham Lincoln. In what would become Canada, the great explorers – including Samuel de Champlain, James Cook and George Vancouver – began the process of documenting the contours of the land on paper.

Licensed Ontario Land Surveyors and their staff, working within the Province of Ontario, have a statutory right to enter onto private property in order to perform a survey. Despite this entitlement, they often meet resistance: neighbours may object and have been known to call the police to stop what they consider an act of trespass.

The law recognizes certain circumstances when officials of government agencies and inspectors can enter onto private land without a search warrant. But this access is subject to limitations. Even fire firefighters and emergency medical services staff must abide by certain conditions when entering private land during an emergency.

Your clients can be surprised to learn that they don’t always have the sole and exclusionary use of their own land. A portion of their driveway might be used by an adjacent landowner to access a garage. A public utility may have buried wires right where a prospective purchaser wants to dig a back yard pool.

Many properties in the GTA are subject to easement rights that the real estate professional needs to be aware of and be able to explain to their clients. It is a great opportunity to help a client mitigate risk and demonstrate the added value that you bring to as a Realtor. Conversely a buyer ‘s misunderstanding can cause a closing to be delayed or even result in litigation.

Adverse possession is a proceeding by which a property owner loses his/her claim of ownership of a portion of their property to a neighbouring land owner who has established a possessory claim in a court of law.

On April 22 2015 the Law Society of Upper Canada is holding the 12th Annual Real Estate Law Summit in Toronto.

Bob Aaron, lawyer and Toronto Star columnist, will be speaking on the importance of the land survey plan in today’s real estate transaction.

I was recently asked to write an article for the Association of Ontario Land Surveyors on the state of surveying and boundary due diligence in the real estate transaction.  Although aimed at surveyors, this article is highly relevant to real estate agents and lawyers as well:

The evolving role of boundary due diligence in a title insurance-backed real estate transaction.

 Chris Kamarianakis

Executive Director, Protect Your Boundaries Inc.

Today’s savvy homesellers understand the value of showing their home in its best light. “Staging” a home by eliminating clutter and adding tasteful artwork, neutral paint colours and optimal furniture arrangements has become routine in the hopes of attracting multiple offers and higher bids.

There is less awareness about the importance of including a property survey plan in the home information package. While the Agreement of Purchase and Sale (APS) contains a standard condition that allows the purchaser to request that the seller supply a survey plan if they have one in their possession, there is much confusion regarding this clause and what precisely the vendor will produce.

The first step to protecting your boundaries is to become informed about your rights as a private property owner. You have the right to exclusive use of your property, the right to legal protection against others intruding on your property, and the right to sell, transfer, exchange and mortgage property.

Land surveying – the art and science of mapping and measuring land, and calculating the precise locations and boundaries of divided plots of land – makes our system of private property ownership possible. Protect Your Boundaries was created to provide homeowners with the tools and information they need to safeguard their property assets. To that end, this blog post will provide answers to the top five boundary questions.