The PYB Blog

Problems with shared driveways are pretty common. The obligations and rights of the shared driveway are governed by an easement over one or both of the properties.

It's likely that the easement straddles the property line giving both you and your neighbour free and clear access of that portion of the driveway so that you can both access the back of the property (usually to access garages at the back). In some cases the easement is on only one of the properties giving the other property access over your land to get to the back. 

Hi Cathy;

First, and most importantly, you and your neighbour must determine and agree upon the exact location of the boundary. This dispute is based on a disagreement as to where the boundary is located.

The best way to do that is to get a surveyor to stake the boundary out.

The beds of most lakes in Ontario are owned by the Ministry of Natural Resources and Fisheries. 

The Ministry's Free Use Policy provides guidance to waterfront owners and can be found below. The policy states, with respect to Waterfront and Waterway Uses:

Hi Richard;

Lots and Blocks are designations of land ownership that developers use to parcel land on a Plan of Subdivision. The other designation is Public Highways which includes roads, lane ways and even walkways.

Hi Bob.

The most reliable and safe way to do this is to hire a surveyor to stake the boundary out. If you are in Ontario, land surveyors are professionals with the right to provide a legal opinion on the location of the boundary. So hiring a surveyor is the best way to go.

Hi PWS. Tricky situation. Let's break it down.

First, if the chain link fence is on their property they are within their rights to take it down and replace it. The question is, how do they know it's on their property, and how do you know it's not?

Do either of you have a survey that supports your position? Did a surveyor stake the property line out? That will clarify the situation.

In Ontario surveyors are governed by the Association of Land Surveyors of Ontario which maintains and enforces rigorous standards upon the profession (www.aols.org). A cornerstone of an Ontario Land Surveyor's mandate is to protect the publics interest.

While we, as homeowners, hire surveyors to do work for us, their primary responsibility is to the integrity of our land fabric, something that they take quite seriously. 

It's great to see someone asking this question before spending months going about a claim in ineffective ways! Technically speaking you can make the claim yourself, or hire a lawyer to make it for you.

In our experience, making a title insurance claim yourself can be a frustrating and time consuming process, putting you and your legal expertise up against a large insurance company's legal department. Not only that, but you don't know if you're getting everything that you could or if the title insurance company is manipulating your lack of experience.

In Toronto a new survey for a standard residential property will cost $1,800 and up, depending on the surveyor, how much research they will invest in, the size and shape of your lot and the specifics of what you need it for.

Typically surveys are done in 2-4 weeks however some survey firms like ours offer "express" options to get them done in less.

There are five title insurance companies in Canada: Stewart Title, First Canadian Title, Chicago Title, Travellers, and TitlePLUS. Only TitlePLUS is a Canadian company operated by the Law Society of Upper Canada.

The remainder are US companies. So yes, there is a choice. It's important to know that while their policies are substantially similar, they do differ in the nature of certain aspects of their coverage.