The PYB Blog

Thanks for your question.

Yes, it still exists, but the nature of how it works and who can claim has changed.

Here's a great blog post with all the details:

https://www.protectyourboundaries.ca/blog/adverse-possession-viable-or-not

Hi JP.

It depends. If it's just a required document for the closing process, it will likely suffice because it will show the location of the property as well as the location of its boundaries and their dimensions. However, a subdivision plan does not usually show the building foot print or any other physical features on the property.

If your buyer is asking for an SRPR (surveyor's real property report) then the subdivision plan will not suffice.

Hi Jamie;

Yes, they are the same thing. Technically we're talking about a land survey plan which is also known as a survey plan, a survey, and sometimes a property survey. Other (unofficial) terms are also common, including land survey record and property line survey to name a couple.

Hi John;

Technically, and in most jurisdictions, this is trespass. However, enforcing any sort of remedy can be challenging. In some municipalities (like the City of Toronto) one can apply for a temporary permit to access a neighbouring property for a specific purpose such as building or repairing a fence. This process takes time and money and is usually a last resort when neighbours are in an adversarial situation. Check with your local building/permit department in North York to see if they have similar processes.

This is a tough one because we have boundary issues coming together with (what sounds like) harassment and abuse.

Assuming you are in Ontario, our advice would be to hire a lawyer - one who specializes in boundary-related litigation. This is your clearest path to understanding the full scope of options available to you.

Hi Mary;

If your neighbour is subject to this easement then he/she must keep it clear at all times so you can access the back of the property. If you are subject to it as well then you have that same obligation. A mutual driveway governed by a right-of-way basically says that the boundary lies between our two properties and each of us owns up to the boundary.

However, the right-of-way obliges me to keep x feet clear on my side at all times for your clear passage, and obliges you to keep y feet clear on your side for my clear passage.

A couple of things that you may not be ware of. First, survey bars are official survey monuments designed to enable land surveyors to communicate to each other (often over long periods of time) where boundary points are "on the ground". Survey monumentation is how surveyors take what's on paper (the land survey plan) and reflect it on the ground. The survey bars are not intended for the general public to use.

Second, residential properties (at least in Ontario) are only required to have survey bars placed at the front two corners of the property and not the back. Commercial properties always have them at the back as well

A: All municipalities have parameters that deal with the use of the land, the kind of buildings that can be constructed and where those buildings may be situated on the property. These rules exist to ensure that one building does not adversely or negatively affect any adjoining building. They do not write specifications for every individual property but instead write general guidelines that apply to different neighbourhoods and areas.