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Jul 11, 2023 · Encroachment occurs when a neighbour's building or other structure intrudes onto your property. Common examples include a fence, driveway, or extension that crosses over the boundary line. In Ontario, if a structure encroaches onto another person's property, the person whose property is being encroached upon has several legal rights and remedies.
Oct 4, 2023 · Encroachments can involve neighboring properties, utility companies, cities, municipalities, or even road allowances, right of way, or easements. To determine if an encroachment exists, a Real Property Report (RPR) is often used, providing a visual representation of property boundaries and structures.
When purchasing real property, it is always recommended to carefully review the agreement of purchase and sale and to have an experienced real estate lawyer conduct a title search of the target property to reveal any easements, encroachments, or rights of way registered on title. Below you will find more information on easements, encroachments, and rights of way.
Jan 7, 2024 · The most common types of encroachments we see in Ontario are: Fence Encroachments – when a fence is built outside the correct boundary line and extends across the property line onto a neighbour’s land. Building Encroachments – when a structure, like a house, garage, or shed, extends over boundary lines to a neighbour's land.
Jun 5, 2024 · For information regarding a specific legal issue affecting you, please contact an attorney in your area. In real estate, an encroachment is when another property owner puts up a structure that intrudes on (or over) your land. For example, your neighbor builds a shed partially over your property line. It could also happen if a neighbor expands ...
Importantly, a lawyer will also be able to flag any risk of losing property rights as a result of the encroachment (e.g. “ squatter’s rights ”). Having determined the extent of the problem, you can now begin to weigh your options. Encroachments rarely have a one-size-fits-all solution, so a frank discussion with a lawyer will help you ...
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May 15, 2022 · Encroachment is where a property owner goes ahead to violate the rights of another property owner by extending or building a feature, which crosses the property lines. Encroachment is not always intentional. However, some people tend to do it intentionally. No matter what, structural encroachment can lead you to challenging issues, and you ...