Boundary Disputes: What to Do When Your Neighbor Builds a Fence on Your Land

It starts innocuously enough. Your neighbor puts up a new fence. It looks slightly off to you, a little too far into what you thought was your yard, but you are not sure enough to say anything. Years pass. The fence becomes a fixture of the neighborhood landscape. Gardens are planted on both sides. A shed goes up behind it. And then one day, you commission a survey, perhaps because you are selling the house or because you want to build an addition, and the surveyor confirms what your instincts told you years ago: that fence is not on the property line. It is on your land.

What seemed like a minor inconvenience has become a legal dispute, and the longer it has been ignored, the more complicated it may be to resolve. Boundary disputes between neighboring property owners are among the most common and most emotionally charged conflicts in residential real estate. They often involve competing interpretations of survey plans, historical use of the land, and in some cases, the doctrine of adverse possession.

This guide explains what your rights are when a neighbor encroaches on your property, how property surveys work and what they prove, what adverse possession means and when it applies, and the practical steps to take to resolve a boundary dispute without making the situation worse.

What Is a Boundary Dispute?

A boundary dispute is any disagreement between neighboring property owners about the location of the legal boundary between their properties. It arises when one party believes the other has built, planted, paved, or otherwise extended their use of land onto property they do not own.

Common scenarios include:

• A new fence installed in the wrong location
• A driveway or parking pad extending over the line
• A deck, garage, shed, or addition crossing the boundary
• Landscaping or gardens that gradually move outward
• Trees planted on or near the line

Most encroachments are not intentional. Property lines are invisible on the ground, and many homeowners rely on assumptions rather than current survey evidence.

Why Property Boundaries Are Not Always Clear

Boundary confusion is common for several reasons:

• Older surveys may be less precise than modern ones
• Original survey markers may be missing or buried
• Fences are often built by assumption rather than from a survey
• Older subdivisions may contain cumulative measurement issues
• Legal descriptions may require professional interpretation

A fence line, hedge, or edge of pavement may feel like a boundary, but that does not make it the legal boundary.

How Property Lines Are Legally Defined

Property boundaries are defined by the registered title documents and plans in the land registry system. In Ontario, that usually means either older Registry Act descriptions or Land Titles Act plan-based descriptions.

In both cases, the practical determination of where the legal boundary sits on the ground is made by a licensed Ontario Land Surveyor. That professional interpretation is the starting point for any serious boundary dispute.

The Role of a Property Survey

A property survey is the foundation of a boundary dispute. Without one, you are arguing from assumption. With one, you have professional evidence.

In this context, a survey can:

• Establish the boundary with precision
• Show the exact location of the fence or structure
• Create a dated record of the encroachment
• Provide evidence that can be relied on in negotiations or court

If you suspect an encroachment, commissioning a survey is usually the most important first step.

Types of Surveys: Which One Do You Need?

Boundary Survey

This is the most common survey for a dispute. It locates the property corners and boundary lines and shows whether a fence or structure is on, over, or inside the line.

Reference Plan

A reference plan is used when a legal description must be created for a transfer, easement, or formal land-related solution.

Topographic Survey

This may help where grades, drainage, or physical site features are part of the problem.

Mortgage or ALTA Survey

This kind of survey is not usually commissioned solely for a dispute, but it may reveal an encroachment as part of financing or sale due diligence.

What to Do First: Document Before You Confront

Before approaching your neighbor, take these steps:

• Review your deed, title documents, and any existing survey
• Photograph the fence or other encroachment from multiple angles
• Retain a licensed Ontario Land Surveyor to prepare a current boundary survey
• Review the survey and title implications with your lawyer
• Avoid removing or altering the structure yourself

Acting with evidence is usually much more effective than reacting with frustration.

Starting the Conversation with Your Neighbor

Many boundary disputes are resolved without court. The best starting point is often a calm, fact-based conversation supported by the survey.

Most neighbors who have inadvertently encroached are surprised when they see professional evidence. A collaborative tone often produces better results than an accusatory one.

Possible outcomes include:

• The neighbor agrees to move the fence
• The neighbor gets their own survey
• The neighbor proposes compensation or a formal agreement
• The neighbor refuses to engage

When Conversation Fails: Formal Legal Options

If informal discussion fails, the next steps may include:

Demand Letter from Your Lawyer

A formal demand letter can put the neighbor on clear notice of the encroachment and the remedy you are seeking.

Mediation

Mediation can be an efficient and lower-conflict way to resolve the matter, especially when both parties want to preserve the neighbor relationship.

Court Application

If the dispute cannot be resolved, a court can determine the boundary and order an appropriate remedy.

What Is Adverse Possession?

Adverse possession is the doctrine under which a person who occupies another’s land openly, continuously, exclusively, and without permission for the required time period may in some circumstances acquire legal rights to it.

It is one of the reasons long-ignored boundary issues can become more complicated over time.

The Elements of a Valid Adverse Possession Claim

To succeed, a claimant generally must show:

• Actual possession
• Open and obvious possession
• Exclusive possession
• Continuous possession
• Lack of the true owner’s consent
• No acknowledgment of the true owner’s title

If one or more of these elements is missing, the claim may fail.

Ontario’s Land Titles System and Adverse Possession

This point is critical in Ontario: adverse possession is very limited for Land Titles properties, which includes most Ontario properties today.

That does not mean encroachments should be ignored. It means the title system may give the registered owner more protection than people assume, while still leaving plenty of practical and legal reasons to act promptly.

The Limitation Period: Why Time Is Critical

Even when an adverse possession claim may ultimately be weak or unavailable, delay still creates problems:

• Physical evidence becomes harder to gather
• Witness memories fade
• More reliance builds up around the encroachment
• Additional structures may be added
• Legal resolution becomes more expensive

If you discover or strongly suspect an encroachment, time is not your friend.

Encroachment Agreements: A Practical Middle Ground

Sometimes the best solution is not immediate removal, but a formal encroachment agreement.

An encroachment agreement can:

• Acknowledge the true owner’s title
• Permit the encroachment to remain on agreed terms
• Address compensation
• Set out replacement or removal rules in the future
• Prevent an adverse possession argument by documenting acknowledgment of title

This can be an effective compromise where the encroachment is minor but permanent.

What Courts Can Order in a Boundary Dispute

If the matter goes to court, the court may grant:

• A declaration of the boundary location
• An order requiring removal of the encroachment
• An injunction against future encroachment
• Damages or compensation
• An easement in some circumstances
• A title-related order in the rare case where an adverse possession claim succeeds

The Role of a Real Estate Lawyer in a Boundary Dispute

A real estate lawyer can help by:

• Reviewing title history and survey evidence
• Coordinating with the surveyor
• Sending formal demand correspondence
• Negotiating an encroachment agreement or settlement
• Advising on Land Titles versus Registry implications
• Representing you in mediation or litigation if necessary

Early legal advice is often far less expensive than letting the conflict harden.

How to Prevent Boundary Disputes Before They Start

You can reduce the risk of future disputes by:

• Getting a survey before building near a boundary
• Locating survey markers when you buy
• Reviewing survey documents before installing fences or sheds
• Talking to your neighbor before building a shared boundary feature
• Formalizing known encroachments with a written agreement

For a fuller explanation of registered property rights that may already affect your land, read our guide to easements and right-of-ways on your property title. For more on survey-related title risks and post-closing protection, see our guide to title insurance.

The Association of Ontario Land Surveyors maintains a public directory of licensed surveyors and consumer information about property boundaries and surveys.