Articles and Advice

What Buyers Should Know About Property Boundaries

You might assume the fence marks the edge of your new yard. It may not, and that gap between what you see and what's actually recorded is where boundary disputes start. Before you fall in love with a lot size or a scenic tree line, it's worth understanding what actually sets the boundary of your purchase and where your neighbour's land begins.

Property Surveys and Boundary Lines

A listing description gives you a rough idea of the square footage and the lot, but not much else when it comes to boundaries. A survey, whether it's an older one on file or a fresh one you order, can show the property boundaries and where existing improvements are located. If the seller already has a survey done, ask when it was completed and whether anything has changed since, like a new addition or other development on the land.

A survey can be pricey. The alternative, discovering years later that a fence or garage sits on the wrong side of the line, tends to cost a lot more.

Fences, Trees, and Property Boundaries

Snowfall in winter can bury a fence line entirely, and it's not always clear where the real boundary sits until the spring thaw. Fences, trees, and shrubs aren't necessarily reliable markers, since they may not have been placed according to the surveyed boundary. The same goes for old stone walls or tree lines that have marked a divide for decades.

What happens if a neighbour's fence sits over the property line? Depending on the province, the property's registration system, and the circumstances, long-term possession of that land may raise questions about adverse possession. The rules vary significantly across Canada, and some provinces restrict or prohibit adverse possession of registered land. It's worth asking your agent or a lawyer about how adverse possession works in your province if this concerns you. Freeze-thaw cycles can shift fence posts and old markers too, which is one more reason not to treat them as proof of where a line actually falls.

Easements and Property Use

An easement is a legal right that allows someone else to use part of your land for a specific purpose. There might be an easement letting a neighbour share your driveway, or one that lets the hydro company run service lines along your back boundary. Easements are usually registered, so they may appear in the applicable land registry or title records, but it's still a good idea to ask about them while you're searching for a home. Finding out about one after you've already closed could complicate plans for a fence, a pool, or any other project that runs into existing utility lines.

Resolving Boundary Questions Before Closing

If a boundary question comes up and something seems off, don't brush it aside just because everything else about the home looks good. A surveyor can clarify the physical boundary, while a lawyer or notary, where applicable, can help with title or legal questions. Many concerns can be addressed before the closing date. Sellers may prefer to clear up an encroachment themselves rather than risk losing a buyer over it.

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What Buyers Should Know About Property Boundaries

Property Surveys and Boundary Lines

Fences, Trees, and Property Boundaries

Easements and Property Use

Resolving Boundary Questions Before Closing

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