Residential Boundary, Fence, and Easement Disputes in Ontario

Has a neighbour constructed or moved a fence, driveway, structure, or landscaping onto what you believe is your property? Are you unable to agree on the location, construction, repair, or cost of a boundary fence? Or is another property owner interfering with a right of way, shared driveway, access route, or other easement that benefits your home? A boundary dispute — or a related fence or easement dispute — can interfere with how you use and enjoy your property and may become increasingly difficult to resolve as construction proceeds or conflict escalates.

What affects your rights and remedies in a boundary dispute

Your rights and available remedies may depend on the registered title, surveys and reference plans, the wording and scope of any easement, historical use of the land, agreements between current or previous owners, municipal bylaws, and the parties’ conduct.

A fence-cost disagreement differs from a boundary-line dispute

Importantly, a disagreement about sharing the construction or repair costs of a boundary fence is different from a dispute about where the legal boundary is located.

What is at stake

With access to your home, useable property area, planned construction, privacy, marketability, and property value potentially at stake, an unresolved dispute can have significant and lasting consequences.

How Zel Law can help

If you are concerned about an encroachment, disputed boundary, fence, right of way, shared driveway, or interference with access, speaking with a litigation lawyer early can help you understand the evidence required and the options available. Zel Law’s litigation lawyer has experience with residential real estate disputes involving property boundaries, access, and use. Book a consultation to discuss:

the property
the history of the dispute
the available title and survey documents
the steps that may help protect your position

Related disputes

This is part of Zel Law’s real estate litigation practice in Ontario. For how fees work, see our flat-fee options.