The PYB Blog

Short answer...no. You've done everything right here to avoid getting into a boundary dispute over a fence. You got a surveyor to stake out the property line and when the neighbour didn't agree to contribute to it you had it built just inside your property. You are building a legal structure on your property.

There is nothing they can do about it.

No you don't. And if the neighbour then puts the fence up on the property boundary you own half of a fence that you didn't have to pay for and get to enjoy all of its benefits.

As to how this will affect your future relationship with your neighbour is a different matter, of course.

If it's just a pond that gathers water and is not part of an existing or historical water system, then the part that's on your side of the boundary is yours, and the part that is on your neighbour's side is theirs.

The exception to this is if, when originally deeded, your property excluded the body of water. Water systems (lakes, rivers, streams, channels etc.) are owned by the Crown and managed by the Ministry of Natural Resources

If you're looking for an exact area calculation of an irregular shaped lot your best bet is to call a surveyor.

This is especially the case if your lot has any curved boundaries. A surveyor will do the calculation using the lengths and bearings of the boundary segment.

The seller only has to provide you with a survey if you stipulate it as a condition/requirement of the Agreement of Purchase and Sale. If you haven't got to that stage yet and re still in the research phase on a property, they don't have to provide you with one.

You can request it from them, and if they don't have one it's still an excellent idea to get a hold of one yourself so you can validate for yourself whether what the seller is representing as being for sale is actually part of the property.

Your neighbour can enclose his yard with a fence providing that:

a) It conforms to municipal bylaws regarding how far forward that fence can run (towards the front of the property).

b) It does not violate any easements (such as a shared right-of-way) that his/her property is subject to.

When a surveyor creates a survey plan he or she is expressing their professional opinion on the location of the property boundary relative to the structures and features around it.

This opinion is developed through research of historical surveys and title records of the property and surrounding area. Sometimes, as appears to be the case here, surveyors' opinions differ.

Does your parent's 1950 survey show the pool and fence in question? If the pool and current fence were built after the survey, it is a possibility that they were built in the wrong place. 

If your neighbour has a recent survey then ask to see it and get a copy of it if you can. Sometimes people say they have one but actually don't. 

The rules and regulations around what you can and cannot build are managed and enforced by the City's Building Department. In your case contact the City of Toronto's Building Department to find out what their requirements and processes are.

Depending on the size and nature of the sun room they may require you to provide your plans for it along with a survey plan (to confirm that its proposed location does not violate any bylaws) before granting you permission to build.

So it sounds like your neighbour was waiting for the new owners (you) to move in before raising the issue of the newly built fence....not uncommon I'm afraid.

I'm going to make some assumptions in answering your question:

1. You are in Ontario.

2. There actually is an easement on title in the location that you think it is.

3. The fence actually is encroaching on the easement.