The PYB Blog

You may be king of your castle, but do you have sole dominion over your land? The answer is ‘no’ if your property is subject to easement rights that allow another party to use part of your land or access services that cross it.

For example, your neighbour may have the legal right to use a portion of your driveway to access their garage. Or a public utility may have buried services that affect where you can install a new backyard pool or even a patio or deck. Any easement that affects your land is something you need to know about before you agree to purchase the property.

For many families, the arrival of winter means rosy-cheeked children will soon be lacing up ice skates for some fresh air, exercise and outdoor fun.

But as much as Canadians cherish the story of how hockey great Wayne Gretzky perfected his skills on a backyard rink, every year we hear cautionary tales of families who are upset by an order to remove their home ice rink, after umpteen hours of flooding and care.

Is designed to facilitate communication between the Protect Your Boundaries team of land survey experts, and real estate professionals across the GTA. Its main purpose is twofold: first, to create a forum that provides the critical information, analysis, and opinion, that agents need to protect their interests, and better serve their clients; and second, to establish a medium that invites and encourages realtors and brokers to share their knowledge and unique experiences with us. So, follow our blog, and stay on top of the latest news, trends, and insights pertaining to residential property and land surveying issues in the GTA.

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.