A fenced backyard can look like part of the property you are buying. Then a survey shows that the lot ends a metre before the fence. That strip of land may be where you planned to put a shed, widen a driveway, or build an addition. The same discovery can surprise an Ontario homeowner replacing a fence that has stood in the same spot for decades.
A survey discrepancy can affect an Ontario residential real estate transaction, a renovation, or how neighbours use their properties. What it means depends on where the legal boundary lies, what crosses it, and whether any documents give someone the right to use the land in question.
Does a Fence Mark the Legal Property Line in Ontario?
A fence can follow the legal boundary, sit entirely on one lot, or cross between properties. It may have been built around a tree, set back to leave room for maintenance, or installed along a line a previous owner assumed was correct. A longstanding fence can be part of the evidence a surveyor considers. Its age and location alone do not establish ownership of the land on either side.
In Ontario, a survey to locate or define a parcel boundary must be carried out by or under the personal supervision of an Ontario land surveyor. A surveyor examines records for the property and adjoining land and looks for evidence on the ground, including survey monuments and features such as fences. The weight given to that evidence depends on the applicable legal rules. Ontario’s Surveys Act and professional surveying standards govern that work.
Why Do Old and New Surveys Sometimes Differ?
Two surveys can appear inconsistent because they capture different things. An older plan may accurately show the house and fence as they stood when the plan was prepared. A newer survey may show a relocated fence, an addition, or a widened driveway. In that situation, the improvements have changed even though the legal boundary may be in the same place.
If the plans actually depict different boundaries, the surveyor may need to examine registered descriptions, earlier plans, and evidence of original survey markers. A difference in the printed measurements is only one piece of that analysis. When an older plan resurfaces during a sale or renovation, its date and scope help explain what it can tell the parties about the lot today.
What Counts as a Property Encroachment?
An encroachment can arise when a physical feature extends across a legal property line. A garage wall may sit within the lot while its eaves project over the neighbour’s land. A retaining wall may extend across the line below the surface, or a driveway may be wide enough to cross it. Even a narrow overlap can matter if it affects access, maintenance, or plans for construction.
The location of the feature is one question. The right to keep or use it is another. For example, part of a shared driveway may lie on one lot while an easement gives the other owner a right to pass over it. The wording of the easement may limit its location or purpose. That distinction can matter if a new owner wants to widen the driveway or use part of it for parking.
How Can a Boundary Problem Affect an Ontario Home Sale?
For a buyer, the practical question is whether the property can be used as expected. A fence outside the legal lot line may make the yard look larger than the parcel being sold. A garage that crosses the boundary may raise questions about maintenance or replacement. The timing of the discovery matters because the agreement of purchase and sale may set deadlines for raising objections.
For a seller, a buyer’s inquiry may bring an old survey, a shared driveway agreement, or correspondence about a fence back into focus. A buyer’s lawyer may raise a formal objection or request clarification through a real estate requisition. Whether the issue requires a response, a correction, or another arrangement before the real estate closing depends on the contract and the nature of the discrepancy.
Does Title Insurance Cover Boundary Disputes?
Some title insurance policies cover losses arising from certain encroachments or survey errors. The terms of the policy control, and exclusions can apply to issues already known when the property was purchased or to particular matters revealed by a new survey. For example, a buyer who learns before closing that a garage crosses the lot line may find that the insurer excludes that specific issue from coverage. The Financial Services Regulatory Authority of Ontario’s guide to title insurance outlines common coverage and exclusions.
A survey and a title insurance policy answer different questions. A survey can show where a garage sits relative to the lot line. The policy determines whether the insurer will respond to a claim arising from its location. An insured loss and the location of the legal boundary are separate matters.
What Happens When Neighbours Disagree About a Property Line?
Neighbours may disagree about where the boundary is, whether a structure can stay in place, or who can use a shared driveway. Each question calls for different evidence. A survey may locate the line, while a registered easement or an agreement between owners may help explain how the disputed area can be used. Where the parties agree on the boundary, discussions may focus on moving a feature or documenting rights of access or use.
If the location of the boundary itself is uncertain, Ontario’s Boundaries Act provides a formal process for applying to have it confirmed. Once a boundary is confirmed and certified and the plan is registered under the Act, the plan supersedes the corresponding parts of earlier registered plans and descriptions.
Why Does the Property Line Matter Before Building?
A setback generally measures how far a structure must sit from the legal lot line. Even where a fence sits entirely within the lot, measuring from the fence can give a homeowner the wrong dimensions for a deck, garage, or addition. The location of the boundary can also affect whether the proposed work would extend into an easement. Municipal requirements vary by property and project.
Bader Law Helps Buyers and Sellers With Property Survey and Title Issues in Mississauga and Oakville
The residential real estate lawyers at Bader Law assist homebuyers, sellers, and property owners in Mississauga, Oakville, and across the Greater Toronto Area. The firm helps clients review surveys, easements, title documents, and purchase agreements when a boundary discrepancy or encroachment raises questions during a home purchase, sale, or refinance.
Contact Bader Law online or call 289-652-9092 to discuss a survey, title, or closing issue affecting your Ontario real estate transaction.