Neighbour Boundary & Fence Disputes

Understanding Property Lines

Boundary disputes often arise when a neighbour builds a fence, deck, or shed that crosses onto your property. In Ontario, the legal description of your land is found in the Land Registry Office.

The Line Fences Act

Many municipalities in Ontario use the Line Fences Act to resolve disagreements about the construction and cost-sharing of fences between neighbours.

• Fence Viewers — If you and your neighbour cannot agree, you can request the municipality to send "fence viewers" to make a legally binding decision.
• Apportionment of Cost — Generally, the cost of a basic fence is split 50/50 between adjoining owners.

Encroachments & Adverse Possession

If a neighbour's structure is on your land, it is called an "encroachment."

• Adverse Possession — In the old "Registry System," someone could claim ownership of land they occupied for 10 years. However, most land in Ontario is now under the "Land Titles System," which effectively eliminates new claims for adverse possession.
• Resolving Encroachments — You can seek a court order (mandatory injunction) to have the structure removed or negotiate an "Encroachment Agreement."