Neighbours & Property Lines
My Neighbour's Fence Is on My Property: What Now?
First, verify it with a survey before saying anything, because "the fence looks off" is not proof. If a current survey confirms the fence crosses your boundary, that's an encroachment, and your options run from simply talking to your neighbour, to a registered encroachment agreement, to (rarely) legal action. Do not tear the fence down yourself. Most encroachments are honest mistakes inherited from a fence built decades ago, and most get resolved with a conversation.
Step 1: Confirm the boundary
- Find your survey. The Real Property Report from your home purchase shows the legal boundaries and any structures.
- If it's old or missing, commission a new one. $1,500 to $2,500 in the GTA. This is the document everything else depends on; without it you're arguing feelings, not facts.
- Locate the survey bars. A surveyor will find or re-set the iron bars at your lot corners.
If the survey shows the fence is on the line or on their side, you're done. If it's on your side, continue.
Step 2: Talk before you escalate
Lead with the survey, not an accusation. "I had a survey done for a project and it turns out the fence sits about a foot onto my lot" opens a solvable conversation. Useful context: the current fence was probably built by a previous owner on one side or both, and your neighbour may be as surprised as you.
Common friendly resolutions:
| Situation | Typical outcome |
|---|---|
| Old fence, minor encroachment, nobody planning changes | Leave it, note it in writing, fix the line whenever the fence is replaced |
| Fence is due for replacement anyway | Replace it on the correct line, often cost-shared |
| Encroachment blocks your project (deck, pool, addition) | Neighbour agrees to relocation; you may cover the move |
| Neighbour wants the fence to stay where it is | Registered encroachment agreement |
Step 3: Formal options if talking fails
- Encroachment agreement. A lawyer drafts permission for the fence to remain, registered on title. It protects both sides and clears the issue for future sales.
- Demand relocation in writing. A lawyer's letter requesting removal of the encroachment. Often enough on its own.
- Court. A last resort for fences; the legal costs usually exceed the cost of several fences. Judges expect you to have tried everything above first.
Why you shouldn't just remove it: even a fence encroaching on your land is your neighbour's property. Cutting it down can expose you to claims for the fence's value and inflames a dispute you'll live next to for years.
Does an old encroachment become theirs? (Adverse possession)
The fear that a long-standing fence lets your neighbour claim your land is mostly overblown in Ontario. Adverse possession claims are rare and extremely difficult, and for land under the Land Titles system (most of Toronto today) the door is essentially closed for possession periods after conversion. It's worth resolving encroachments, but you are very unlikely to lose title to a strip of lawn because of a fence.
Why it still matters: encroachments complicate sales. Buyers' lawyers flag them, lenders ask questions, and a $2,000 fix can hold up a $1.5M closing.
For what it's worth from the building side: across all the fences we've replaced, the survey has almost never matched exactly where the old fence stood. Some variation is close to universal, usually small, occasionally not. So when a survey shows the line somewhere unexpected, our reaction is that this is normal, not a scandal. Nobody schemed decades ago; fences drift with every replacement. The neighbours who come out of these discoveries well are the ones who treat it the same way: interesting, let's check the paper together, let's agree where the new one goes before anyone pours concrete. The ones who open with an accusation spend more on the argument than the fence.
FAQ
Can I make my neighbour move their fence off my property? If a current survey confirms the encroachment, yes, ultimately, but start with a conversation and a written request. Courts are the expensive last step.
Who pays to move an encroaching fence? Legally, the encroaching owner is responsible. Practically, cost-splitting (or the benefiting party paying) settles it faster, especially if you're the one who needs it moved for a project.
The fence has been there 30 years. Does that change anything? It rarely creates ownership rights in Toronto, but it does support leaving a minor encroachment in place by agreement until replacement.
Should I fix this before selling my house? Yes, or at minimum document it with an encroachment agreement. Unresolved boundary issues spook buyers and lawyers.
This article is general information, not legal advice. For an active boundary dispute, consult a surveyor and a real estate lawyer.
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