Boundary dispute? What you should do.

Dealing with a property boundary issue can be a disruptive and painful process, but there are clear steps you can take to resolve it efficiently and amicably.

1. Review your documents

Start by gathering your own records. This could be the deeds or surveys from when you purchased the property but any official documents related to your property could be useful. Look for clear descriptions of the boundary lines.

2. Talk to Your Neighbour

Approach your neighbour to discuss the issue. Sometimes, misunderstandings can be cleared up with a simple conversation. Bring any relevant documents- especially surveys, for reference. Neighbours may have their own documents which could agree with or conflict with yours so read them carefully. If you're on good terms and the disagreement is minor you can often solve the problem before professionals need to be involved.

3. Get a Survey

If you can't interpret the documents (or don't have any) and your neighbour has a different opinion on the boundary location you need to hire a licensed surveyor. Only licensed surveyors can provide an opinion about a boundary and they will quickly assess if your current documents are good enough to solve the problem at hand. If not, they will need prepare a new survey.

4. Consider a Boundary Agreement

If you and your neighbor agree on the boundaries after a survey, consider putting it in writing. A lawyer can file the proper applications and the settled boundary can be deposited in the local records office. (In Ontario, this would be a reference plan deposited in the Land Titles office.)

5. Legal Action

If you and your neighbor can’t reach an agreement, mediation might be an option. A neutral third party can help you both find common ground without going to court.

Finally, you can seek legal advice and consider filing a lawsuit to resolve the boundary dispute formally. There are different options depending on the circumstances. If the issue is a simple encroachment a simple cease and desist letter could suffice but more complicated issues could require an adverse possession or prescriptive rights claim or even a Boundaries Act application. Be aware that these can be lengthy and costly processes, so it’s generally best to exhaust other options first.