Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Smile Encroaching on Neighbor's Property

    My question involves real estate located in the State of: Ontario

    My Neighbor just rang my door bell and said he had measured his land and said my fence was 3 inches at one part and 6 inches on the other end on his property. The fence is between our homes and was put up by me 4 years ago with the old neighbors verbal approval(we had looked at the property plans they had and came up with where we thought was correct). He wants to put up his new fence and me remove my fence. He showed me his yard plans and says he measured and I'm off. If I'm wrong I don't mind and who to say he is measuring correctly. Do I have the right to ask him to get a survey of his yard and I think its around $2700. If he does, would I be responsible to pay that fee if I'm wrong ?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Encroaching on Neighbor's Property

    We only handle US law here.

    For matters of Canadian law, you might try here.

  3. #3
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Encroaching on Neighbor's Property

    One answer that I'm pretty sure will transcend international borders is that yes, if he is making a claim that your fence is on his property based upon his own measurements, you would be wise to ask him to have a qualified surveyor verify that. Otherwise, it's one neighbor's word and tape measure against another's.

    So just let him know that you'd be willing to remove your fence in favor of his new one as long as he has it surveyed to ensure that the new fence is correctly placed.

    I'm not at all certain how the doctrine of acquiesence works in Canada, but if you accept his word on where the boundary is, but find out later that it is somewhere else, but you accepted his fence placement and boundary identification to your detriment, it may work against you in trying to reclaim any land on the other side of the new fence.

    You may even suggest splitting the cost of the survey if the neighbor is paying for the new fence.

    1. Sponsored Links
       

Similar Threads

  1. Neighbor Selling Property With Encroaching Driveway and Parking
    By BulletHead in forum Real Estate Ownership and Title
    Replies: 21
    Last Post: 07-06-2011, 08:59 AM
  2. Plant Runners Encroaching Neighbor's Property
    By Bamboo1 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 06-16-2011, 03:13 PM
  3. Trespass: Neighbor is Encroaching
    By jnaylor in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 05-25-2011, 10:13 AM
  4. 3rd-Party Neighbor Encroaching on Easement
    By JimMarc in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 06-04-2009, 05:28 PM
  5. Neighbor Encroaching, Blocking Private Easement
    By Loreina in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-16-2008, 03:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources