Property/Land Survey help

[TimC]

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check with a few neighbours on either side to see if they've got one

I'm doing outside renos this year that I needed to determine the property line and my 1957 sketch that I have is far from detailed

turns out my one neighbour had one done a few years back and she gave me a copy.....when they do the survey they actually determine multiple lots (3 in this case)....so one owner is paying for a survey that will benefit many

the survey only provides me with the east property line....but my documents show the width....so I just need to measure from her line and I'm done

 

[boarder360]

check with a few neighbours on either side to see if they've got one

I'm doing outside renos this year that I needed to determine the property line and my 1957 sketch that I have is far from detailed

turns out my one neighbour had one done a few years back and she gave me a copy.....when they do the survey they actually determine multiple lots (3 in this case)....so one owner is paying for a survey that will benefit many

the survey only provides me with the east property line....but my documents show the width....so I just need to measure from her line and I'm done

Thats true the more bars the better when setting up the line (need at least 3 or ties), so other neighbours might have copies that will help. The city will also have a copy of your original survey, can't remember if you can buy a copy off them though.

 

[invictus43]

Thats true the more bars the better when setting up the line (need at least 3 or ties), so other neighbours might have copies that will help. The city will also have a copy of your original survey, can't remember if you can buy a copy off them though.

The City may or may not have a copy of the survey and may or may not give/sell you a copy. The best source for a survey is the Registry Office. It can be difficult to locate lines with only ties or bars depending on the lot configuration.

 

[invictus43]

You do have to know if your fence is on the line or on his or your property. If you accidentally put it on his property, anybody can tear it down (e.g. the next owner of neighbour's property). If you accidentally put it too deep into your own property you might be permanently giving up your rights (google 'adverse possession'), which would affect the value of your own property.

Best the fence go on the line with your neighbour's blessing. But you have to know where the line is.

Adverse Possession is rarely used these days. Any property registered under the Land Titles Act is not subject to this type of property redefinition. The vast majority of property in Mississauga was registered under the Land Titles Act. Not to say it isn't possible, but it's probably unlikely. I would agree with getting your neighbour's agreement though. It makes life easier.

 

[TimC]

Thats true the more bars the better when setting up the line (need at least 3 or ties), so other neighbours might have copies that will help. The city will also have a copy of your original survey, can't remember if you can buy a copy off them though.

my original copy (which I have) was kinda useless besides documenting the lot dimensions.....it's from '57 so it's a copy of a pencil and ruler deal and any measurements from the house to property line are pretty much illegible

paying for a copy of that would have been a waste

if the property was established within the last couple of decades it might offer more details

 

[klr_guy]

If you accidentally put it too deep into your own property you might be permanently giving up your rights (google 'adverse possession'), which would affect the value of your own property.

Sorry for the the thread hijack, but the above interests me.
I've got the above situation at my cottage - the previous owner and neighbour absolutely hated each other - jail time was served over some of their actions. One day (when my neighbour knew the previous owner would be away) he cut down a hedge 'fence' and installed a wood fence ... two feet within their property line. I had it surveyed when I bought it and it's not just an inch or two. I guess in the interest of 'get it done FAST', some guesses were made.
I'll do some googling on this 'adverse possession' but does anyone have any input?

 

[invictus43]

Sorry for the the thread hijack, but the above interests me.
I've got the above situation at my cottage - the previous owner and neighbour absolutely hated each other - jail time was served over some of their actions. One day (when my neighbour knew the previous owner would be away) he cut down a hedge 'fence' and installed a wood fence ... two feet within their property line. I had it surveyed when I bought it and it's not just an inch or two. I guess in the interest of 'get it done FAST', some guesses were made.
I'll do some googling on this 'adverse possession' but does anyone have any input?

It really depends on when the titles on the properties were registered and when the adverse possession was occuring. You need to know when the fence was built, who owned the properties and when the titles were registered. If both the previous owners registered the property under the Land Titles Act, and this hedge/fence business carried on after that, no adverse possession can be argued. If the hedge/fence was present previous to being registered under the Land Titles Act, it may be possible to claim possession on that basis if the adverse possession was taking place for 10 years or more.

In general, any modern property is not eligible for adverse possession. It's a relic of the old registry system and the difficulty ascertaining or a lack of caring about maintaining about property lines. With the advent of electronic record storage it's a lot easier to find records of suveys on properties.

 

[johnp]

Agreed that adverse possession, if at all possible, takes a long time to establish.

Within the last month, a bad neighbour of a friend installed a new fence a few inches into my friend's backyard, without permission.

One sunny Saturday morning my friend just tore it down and dumped the fence on the bad neighbour's backyard. The bad neighbour wasn't home at the time.

I understand this is entirely legal since the fence had no business being even a millimetre into my friend's backyard.

Ideally you prove to your neighbour that their fence is on your property and then ask them verbally, and then in writing to move it.

 

[invictus43]

Agreed that adverse possession, if at all possible, takes a long time to establish.

Within the last month, a bad neighbour of a friend installed a new fence a few inches into my friend's backyard, without permission.

One sunny Saturday morning my friend just tore it down and dumped the fence on the bad neighbour's backyard. The bad neighbour wasn't home at the time.

I understand this is entirely legal since the fence had no business being even a millimetre into my friend's backyard.

Ideally you prove to your neighbour that their fence is on your property and then ask them verbally, and then in writing to move it.

Pretty much. It pays to be friendly and correct. As for sharing fence costs, in this case, the by-law regarding fence costs is not enforced by the City. If you want to try to claim the cost of the fence you have to go to Small Claims Court to recoup the cost using the by-law as your reason for claiming. The City will not get involved in any way.

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