When a structure, fence, landscaping, or other improvement extends beyond a property's legal boundaries onto neighbouring land or public property. Common examples include a fence built past the property line, a roof overhang extending over the neighbour's lot, or a deck built partially on an easement. Encroachments are typically discovered through a survey or identified in a title search.
Why It Matters
An encroachment can create disputes with neighbours, complicate a sale, or lead to legal action requiring removal of the offending structure. If you're buying a home, a survey or title insurance can protect you from encroachment surprises. If you're selling, an existing encroachment should be disclosed and may need to be resolved before closing.
Real-World Example
A buyer in Mississauga commissions a survey before closing and discovers that the neighbour's wooden fence extends 14 inches onto the subject property. Additionally, the home's rear deck extends 6 inches beyond the property line into the neighbour's yard. The buyer's lawyer negotiates with the seller to resolve the deck encroachment before closing by trimming the deck back to the property line. The fence issue is noted and covered by the buyer's title insurance policy as a known encroachment.
Ontario & GTA Context
In Ontario, encroachments can create adverse possession claims if they go unchallenged for a sufficient period, though the Land Titles system (used for most GTA properties) significantly limits adverse possession rights. Municipal encroachments onto city property or road allowances may require an encroachment agreement with the municipality, which typically involves an annual fee. The City of Toronto, for example, has an encroachment by-law that governs structures extending over or under public property.
How It Works in Practice
If you are concerned about boundary issues, commission a survey before closing rather than relying solely on title insurance. If an encroachment is discovered, your options include negotiating with the neighbour for removal or a mutual agreement, obtaining title insurance coverage, or in rare cases, applying for an encroachment agreement. Address encroachments before they become long-standing disputes.
Common Questions
What should I do if my neighbour's fence is on my property?▾
Does title insurance cover encroachments?▾
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