Property lines and fences

Owning a property, it also means to have neighbours. I will agree with a saying that a good neighbour increases the value of your property. The other expression states that good fences make good neighbours. But a good fence always means at least one condition that it is on a correct boundary (property) line. Is it any difference between a fence line and a boundary line? Yes, there is. The deed line is where the boundary line can be located. If there is no deed on hands (and it is usually a case since most of the land has been converted into the land title system), property owners should contact the local Land Registration office to obtain a survey for their property on file.

What to do if the fence is not on the boundary line? It requires services of both lawyer and surveyor to determine where the boundary line is, and where the fence should be moved.

What to do if someone claims that his land has been stolen? It still happens in Ontario, and sometimes it is difficult to prove. It requires to make a research in the Land Registration system. If during the research it gets clear that someone encroached into neighbors’ property, or city’s property, or Conservation Authority property, this person will be asked to move his fence to the boundary line.

Is it a law in Kitchener-Waterloo and Cambridge that a fence must be between properties? No, there is no mandatory rules that neighbours have to have a fence between properties. What should be mentioned that in case there is a swimming pool on the property or your home backs onto public highway, you have to install the fence. And, it should be on a property line.

What to do if arguments arrive between neighbours regarding a fence? If arguments are about a current fence, it is always recommended to take photos. Another advice is to get a new survey if there is no survey available. If your neighbour removed a current fence where it should be, having photos you can prove your position in the court.

Some properties do not have fences, but there are trees on a property line. Who ones those trees? You can find an answer here.

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