Boundary disputes between neighbors are among the most common legal conflicts in residential real estate. Whether the issue involves a fence, driveway, tree line, or perceived encroachment, disagreements over property lines can escalate quickly—especially when significant land use or home value is at stake. Resolving such disputes requires a clear understanding of property law, local zoning regulations, and the appropriate legal channels to assert or defend one’s rights.
Even in highly regulated urban environments like downtown Toronto, where vertical living is common, boundary disputes can still arise in low-rise or infill residential areas. While high-rise condo developments such as Q Tower Toronto generally eliminate boundary ambiguity through shared ownership structures and condominium plans, freehold properties in the surrounding city core often face challenges related to historical surveying errors, unclear deeds, or unpermitted structures. These issues are particularly complex in older neighborhoods where lot lines have evolved over decades.
Step 1: Review Your Property Survey and Title Documents
The first step in resolving any boundary dispute is reviewing your property’s legal survey and title documents. A land survey provides an accurate, scaled map showing boundary lines, easements, and physical improvements. If you suspect a neighbor has built or encroached on your land, a current survey is critical to support your claim.
In Ontario, title records can be obtained from the provincial land registry. These records identify legal boundaries and may include historical information about severances, easements, or previous disputes. If a survey is outdated or unavailable, hiring a licensed Ontario land surveyor to produce a new one is advisable before proceeding with legal action.
Step 2: Attempt an Informal Resolution
Once you’ve verified the boundaries, it’s often beneficial to approach the neighbor in a non-confrontational manner. In many cases, disputes result from misunderstandings or outdated assumptions about where the boundary lies. Sharing survey information and discussing the matter openly can lead to mutually agreeable solutions.
This approach is often the least expensive and fastest method to resolve the issue. Property owners who reach agreement may choose to enter into a boundary agreement or license, formally acknowledging the revised use or granting temporary rights without changing legal ownership.
Step 3: Mediation or Arbitration
If informal discussions fail, mediation or arbitration may be the next step. These alternative dispute resolution (ADR) processes allow a neutral third party to assist in reaching a resolution without the cost and delay of litigation. Mediation is non-binding and promotes voluntary agreement, while arbitration is more formal and may result in a legally binding decision.
Ontario courts often encourage ADR before accepting a boundary dispute case. Engaging in mediation also demonstrates good faith, which may benefit your position if the matter proceeds to court. Many real estate lawyers offer mediation services or can refer clients to experienced professionals who specialize in land disputes.
Step 4: Legal Action and Court Intervention
When other avenues fail, legal action may be necessary. In Ontario, boundary disputes can be addressed through an application to the Superior Court of Justice, where a judge will review evidence including surveys, photographs, witness testimony, and expert reports. The court may issue orders to remove encroachments, establish boundaries, or award damages for trespass or loss of use.
Litigation is often lengthy and costly, but sometimes it’s the only option—particularly when structures are built on your land or your use of property is materially impacted. Before initiating court proceedings, consult a lawyer who specializes in real estate litigation to assess the strength of your case and potential remedies.
Step 5: Updating Title and Registering Agreements
After resolving a boundary issue—either through agreement or court order—it’s important to update the title and property records accordingly. In some cases, a boundary adjustment may require a severance or minor variance application under the Planning Act, especially if it involves a permanent change to lot lines.
Registering any boundary agreement with the land registry ensures that future buyers are aware of the change and helps avoid future disputes. Legal professionals can assist with document preparation and title updates to ensure that the resolution is enforceable and transparent.
Conclusion
Neighbor disputes over property boundaries can become emotionally and financially taxing if not handled correctly. By relying on accurate surveys, legal documentation, and structured dispute resolution methods, property owners can protect their rights while minimizing conflict. Whether you’re facing an informal disagreement or a potential court battle, knowing the legal steps involved is essential to reaching a fair and lasting resolution.
