Situation is a good friends dad called me up because he is having problems with a new neighbor who is building a new house and putting up a new fence. Fence is on the property line so he as no problems with that but he is also putting patio stones on the side of his house and the stones are going 6-8 inches onto his property. He called the city and was told it is a civil mater. Neighbor no longer wants to talk to him. Last I talked to him he said he was going to cut the stones tonight on his side of the line. I called my friend to give him a heads up and he was going to try and talk him down but he is in Vancouver and his dad and I are in Ottawa. So is it legal to encroach on another property like this?
Fence Property Lines Question
- Thread starter Jiffy Pop
- Start date
Property lines and neighbours. These conflicts happen all the time. No, it is not legal to encroach on somebody else's property but..................
I ran into some of these encroaching issues myself, but not involving patio stones, I'll tell you stories over beer sometimes.
I ran into some of these encroaching issues myself, but not involving patio stones, I'll tell you stories over beer sometimes.
If he is building a new house the city inspectors should be on this. He will have to keep on them. Property line is the property line. If the neighbour isn't talking just have whatever he puts on your dad's property removed and tossed.
is this in Toronto, you can settle by doing this...
http://www.toronto.ca/311/knowledgebase/59/101000038059.html
https://www.protectyourboundaries.ca/toronto-property-boundaries.html
http://www.toronto.ca/311/knowledgebase/59/101000038059.html
https://www.protectyourboundaries.ca/toronto-property-boundaries.html
No, it is not. I also have a new house being built next to mine and it has been a disaster. Turned out they didn't even have a building permit so got fined thousands of dollars. Do not get into a personal argument - have the city deal with it.
Yep.
Suggest he check with his lawyer, and have a letter written, asking to remove the encroachment, or it will be removed. The inch or two encroachment of the stones is probably not the most significant issue. Far greater concern is the sloping or grading of the land. Major water issues, flooded basements, cracked walls etc. can develop if the run off from the neighbours house isn't directed away from both houses properly.
huckfinn
My book has been banned from schools.
I have experience with building permits / zoning etc.
The house requires a permit, so the city will enforce setbacks etc.
The patio stones do not, since the patio is less than 24" above grade......therefor the building inspector won't address it.
He might want to consider letting it slide to keep the relationship, going through Property Standards with the City citing rainwater will drain onto his property (for the most part, each site is designed to handle its own water), or going the legal route. He could also build a fence on the property line over the stones just to piss him off.
If he lets it "slide",...he loses property,...and if the guy is being an ass by putting patio blocks on his property,...not worth the relationship.
Bylaw enforcement is also another tool in maters such as this.
I've been in a situation like this. The property line was clear. I offered to remove the encroaching stones or hire someone to take a concrete saw and cut them down the line. The neighbor saw the light and re-designed the layout. If it's on my property, i am free to remove it in my view.
Exactly. Pick up any stones that are over the property line and toss them back onto his property. Never let something like this slide. His neighbor is a complete asshole.
Guys thanks for the advice. The situation was resolved. He contacted a neighborhood friend(lawyer) who told the neighbor basically some of the same things you guys mentioned and the next day everything was being redone but on the neighbors side of the property line. He caught this right at the start so easy for them to fix the problem.
Good stuff! I have a situation where my fence encroaches about a foot or so onto my neighbour's property but I was advised by my lawyer that it is legal because "adverse possession".
Actually, my old neighbour sold the house and the new neighbour raised the same question. She even had a survey done (they use lasers now). My fence is grandfathered under a legal concept call "adverse possession". However, I don't know if grandfathering will apply if i ever replace the existing fence.
http://www.millerthomson.com/en/pub...-2012/adverse-possession-whats-yours-is-mine/
Added comment: there is also something call "legal non-conforming". that would be my front lawn.
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I think you just fingered the weak-spot: The land records will always show the true property lines. So no matter where the fence is, and no matter what you're doing with that extra bit of land, when either property is sold, there'll be a notation about the mis-located fence. That may become very significant when a new fence or extension on either house requires a city permit, and it sounds like your neighbour will make sure yours does.
You have high incentive to keep your fence in top repair, board by board and post by individual post.
If its on his property he should be able to do what he wants with it. Just cut it and keep the stones for himself. Put them around his trees or something.
