The PYB Blog

Here's the thing. You cannot rely upon any single piece of boundary evidence to make a determination on where a boundary is. Surveyors, when producing their opinion on a property's boundary, craw upon dozens of different sources to create that opinion.

These sources include current and historical surveys of the property in question and of the neighbouring properties, official plans of subdivision, the location of survey bars on neighbouring properties and, of course, those on the subject property.

We've written a fairly extensive blog on the subjects of easements that you may be interested in here: https://www.protectyourboundaries.ca/blog/how-easements-affect-private-property-rights

Utility easements in residential neighbourhoods are a complex and somewhat messy topic. Technically there should be an easement registered on title for any and every utility asset that traverses you land. The exception to this is assets (pipes, lines, cables, wires) that feed your house directly.

You are certainly correct in making the survey your first priority. Make sure you select a surveyor who is local and knows the area well.

Also, you may want to pay a little extra and have the boundary between you and your neighbour staked out to give you physical evidence (on the ground) of where the property line is. With this in hand hopefully your neighbour will see the error of their ways and remove the encroachments.

Thanks for the question.

If the shed is on an easement that favours Bell, then technically Bell has the right to ask the owner of the shed to remove it. Depending on how badly the shed obstructs (or doesn't obstruct) their access they may choose to do nothing or they may ask to have it removed. It is up to the party to whom the easement is in favour to challenge any encroachment.

Yes, messy indeed, but not uncommon. Prior to reading our response, please be aware that we are surveyors not lawyers and, as such, our comments should not be taken as legal advice, but rather information to be discussed with your lawyer who will ultimately guide you to the best resolution.

Yes it is. However just because you share a driveway doesn't mean that there's an official easement. Check your survey plan and title documentation. Hint: look at the legal description of your property. If you see the "S/T and T/W in it, it means that your property is subject to the rights and obligations of easements.