There is a lot of confusion between owners who live next door to each other and their rights relating to the boundary lines between their properties. If you own land in Ontario, it is either registered in the Registry System or the Land Titles System. Most land in Southern Ontario is still in the Registry System. A clue is if your legal plan number has the letter “M” in front of it, then you are in the Land Titles System. As well, if your home is in a subdivision that was built after 1971, all the homes within the subdivision are in the Land Titles system.
The main difference between these two systems is that in Land Titles, the original boundary lines that were set on title cannot be altered. In the Registry System, there is the concept of “adverse possession”, so that if a fence was constructed 6 inches over a property line and remained there for a period longer than 10 years, the owner could claim ownership over this additional 6 inches. If the land was in land Titles, the owner could rightfully request the fence to be relocated back to the property line.
This is why it is especially important for any buyer who is looking to buy a home that is registered in the Registry System to receive and review an up to date plan of survey by a registered Ontario Land Surveyor before deciding whether to complete their purchase. The survey will indicate clearly whether all fences happen to be located on the real legal boundary lines or whether there are any disputes.
Who is responsible to pay for the fence that sits on the boundary line? The main principle under the Ontario Line Fences Act is that adjacent owners should co-operate to share the costs on a 50/50 basis. However, if one of the owners wants to build a more elaborate looking fence, they will usually be solely responsible for these additional costs, as the 50/50 rule applies generally to the cost of a simple chain link fence that meets the municipal by law requirements.
What about trees which are located on the property line? The Forestry Act of Ontario indicates that trees located on the property line are jointly owned by both of the adjacent property owners and both owners have obligations to maintain the trees. If a tree is on one owner’s land and the branches are over hanging onto another owner’s land, then the other owner does have the right to trim the branches back to the property line. As a courtesy, you should inform your neighbour that you plan to do this.
By understanding your rights as an owner regarding your boundary lines, you can hopefully resolve any dispute that you may have with your neighbour.
Mark Weisleder, LLB, REI, is a lawyer, author and public speaker for the real estate industry. You may visit Mark at www.markweisleder.com or contact him at mark@markweisleder.com.
