The PYB Blog
I’m building a house on a parcel of land that has many trees. What do I need to know?
Building projects generally require a site plan that includes information from a Topographic Plan that typically shows the locations and measured diameters of deciduous and coniferous trees growing on the property.
Can my neighbor and I simply agree on the location of the boundary?
Property boundaries that are not well known and well demarcated can lead to confusion about boundary locations—especially when an existing survey plan is unavailable.
In situations like this, it is recommended that you and your neighbour engage a licensed land surveyor.
I know my property has a boundary issue, but I plan to sell the house next year. Why should I solve this boundary issue when it will soon no longer be my problem?
A: Don’t assume the boundary issue won’t be your problem.
If a potential buyer reviews a survey as part of their due diligence, this boundary issue could delay or even terminate the closing, and possibly lead to a substantially reduced sale price.
How can I stop my neighbour from trespassing on my land?
Many trespassing or property encroachment situations are simply a case of a neighbour being unaware or unconcerned about the location of property boundaries.
Before speaking to your neighbour about the situation, ensure that you know exactly where your boundaries are located. Do not assume that a fence line, swale or ditch, hedgerow or tree marks the boundary between your properties. Only a survey plan, or a surveyor's field stakeout, is authoritative evidence of the location of the boundary.
We have an old willow tree with branches that hang over the backyard of our next-door neighbour’s property. They say the tree’s branches are blocking the sunlight for their garden and they want to cut the branches growing over their property...
Generally, people can prune overgrowth in their yard. The law recognizes the rights of landowners to enjoy their property. However, there is a City of Toronto by-law formally known as City of Toronto Municipal Code, Chapter 813, Article III, 'Private Tree Protection', designed to protect trees.
I am a realtor and want to get due diligence done on the land my client is buying. How you can assist?
Great question. 49% of residential properties in the GTA have boundary issues that can flare up into full-blown disputes after a house sale.
Interestingly, Title Insurance does not cover most of these issues, so all too often homeowners are left in a bad situation.
Are your surveys "stamped"?
Yes they are. By “stamped” they mean that they have an official sticker on them issues but the Association of Ontario Land Surveyors (AOLS) and that they have been embossed with the stamp of the surveyor that completed the work.
An electronic copy of such a plan (such as a PDF) is considered “valid” if is shows this sticker.
What is an encroachment?
A: An encroachment refers to a physical entity that belongs to one landowner but lies wholly or partially on a neighbouring property.
Encroachments may be sheds, driveways, curbs, roof overhangs, eaves, retaining walls or fences. A survey plan enables a property owner to identify encroachments and seek professional advice to remedy the situation.
All about land survey plans
Our last few blog posts have focused on the top four situations where a land survey plan is important: buying a home, selling a home, planning an exterior renovation (building a fence, shed, etc.) and disputing a boundary. Now we’ll look at the land survey plan itself, and the important role it plays in our system of private land ownership, which is based on properties with well-defined boundaries.
The history & importance of land surveying
One of the oldest professions in the world, land surveying emerged along with the human desire to build large structures, from Stonehenge forward. Ancient surveyors plotted the sites of the pyramids in Egypt before the first massive building stones slid into place. The Romans established land surveying as a profession to measure and manage the conquered lands that formed their empire. Both William the Conqueror and Napoleon Bonaparte relied on precise maps to gain wealth and power.
Notable surveyors include Sir George Everest, (yes, that mountain), George Washington and Abraham Lincoln. In what would become Canada, the great explorers – including Samuel de Champlain, James Cook and George Vancouver – began the process of documenting the contours of the land on paper.