The PYB Blog

A new development in Canadian common law will continue to play out in the business and legal worlds this year, with significant and far-reaching implications for all contractual agreements in Canada, including those that govern real estate transactions.

The Supreme Court of Canada (SCC) decision in the case of Bhasin v. Hrynew SCC 71 imposes a new duty of honest contractual performance and clarifies how the principle of good faith fits into contract law.

With the arrival of warm sunny weather, the garden beckons and the desire for backyard transformation becomes a siren song, sending throngs of people to garden centres and building supply stores to turn vision into reality. But you won’t find the most fundamental tool for creating the ideal backyard paradise among the plants and patio stones and outdoor décor on sale at your local Rona or Home Depot.

And without it, you risk wrecking your relationship with your neighbours and enduring the stress and expense of having to undo all your hard work.

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.

Hi. Just head over to our home page at www.protectyourboundaries.ca and type your GTA address in the box on the left. If you are outside the GTA we can still find a plan for you manually. Just click the "Can't Find My Plan" link on the left hand side and follow the process.

Canada’s municipalities have strict limitations on what you can build on your property. Zoning by-laws are intended to regulate land usage for the benefit of the entire community. Every piece of land in the Greater Toronto Area is subject to zoning regulations that reflect how the property fits into the municipality's official plan.

These regulations specify, among other things, the distance that buildings are located from the property boundaries (setbacks), building height, maximum floor space, lot coverage, required parking and an array of other requirements enforceable by law.