The PYB Blog

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.

The notice should also tell you exactly what the infraction is (how "too big" the deck is), what you have to do to remedy it, and how long you have to do it. Call or visit the city building department to confirm these details.

Depending on your situation you may have to change the deck to make it the right size or you may be able to apply to the Committee of Adjustments for a minor variance to the bylaw that would make an exception for your deck.

Again, contact your local building department for details.

The location of fences is not the City's business in the Greater Toronto Area. They care about how tall the fences are but do not enforce where they are placed.

They will not send anyone to examine it nor is there a civic process for fining a neighbour for taking down a fence. Nor is it a police matter. The removal of a fence that's on the boundary is not a criminal offence. The only recourse you have is, unfortunately, through the legal system

This is a fairly complex situation so I'd like to caveat our response by saying we are surveyors, not lawyers, and our recommendation would be to consult a lawyer on the matter.

That said, our answer your question comes in several parts.

First, You are approaching this the correct way. Committee of Adjustments is your first pathway. If this doesn't resolve to your satisfaction, then legal action is your next.

If the fence is on the neighbour's property then they are technically within their rights to have it moved onto the property line. Who pays for the move boils down to how far it's encroaching and whether that encroachment is preventing them from using their land in a material way.

If it's a substantial encroachment, then they are within their rights to ask you to move it. If it's a minor encroachment which is not interfering with their use of land, then it's more likely to be moved at their expense, if at all.

Measurements of surveys are often in Decimal Feet. For example 2.5' is two and a half feet, not 2 feet 5 inches, which would be notated as 2'5".

In your case 19.3' means "nineteen point three feet". Point three of a foot is 3 19/32" inches. So your distance is 19' 3 19/32".

The right of way across your property gives the residents of the building next door the right to pass over a specific portion of your land, as defined in the easement document and survey plan, for the purpose of accessing the street.

It does not permit them to use other parts of your land for any purpose at all.