Any insight into this problem would be appreciated.
I recently bought a house in Ontario, down one side of the property is a 4' high retaining wall, that is leaning considerably towards our property. Our property is 4' lower than our neighbors. Being concerned for safety, I want the wall repaired.
Looking closer and measuring my property lines I've noticed that the wall is not entirely on their property, actually the wall follows the property line for 50' then slowly encroaches my property gradually for another 70' until it is 5' on my property by the time it ends, changing my road frontage from the 75' its suppose to be, to 70'. So I estimate the neighbor to be taking up approx. 300 FT2 of my property. The wall itself has been there for more than 25 years. The municipality were I live is making the neighbor replace/repair the wall, as it is unsafe, however I want my land back!
The problem is, from what I've read, I think I'm pretty much screwed because of the prescriptive easement law!
Is there anyway I can get my land back and force him to build his wall on his own land with out having to go to court?
Does anyone know were to find info on what is needed to prove prescriptive easement?
Thanks for any input.