# Porperty Lines question



## Paul905 (Jun 29, 2019)

Hello... I'm new here and I'm not even sure if I'm in the right place but I'm looking to get some help with regarding home porperty boundaries. For starter I live  in Brampton, Onatrio Canada . Can anyone direct me were I might get the help I need? I have a neighbor from hell that rents her home. I trying to get our fence redone since the fence is pretty much shot/finish. It hard to reach this owner since the renter are of no use either.  Any ways this spring we had soome bad storms causing are fence to collapse . I been trying to get it fixed but can't get the neighbor in on the repairs. So now I am left I assuming going to the city over it, yes ? Also, what I want is prove where my porperty boundaries are beforehand to be sure before I do anything, any help would be much appreciated, thanks

Oh, by the way if this is an none Canadian forum site please just delete my account. I believe I need to locate the correct area


----------



## Steve123 (Jun 30, 2019)

The city might have a survey on record for your property.     Sometimes they put iron pins in the ground to mark the property lines, and sometimes the pins are still there after the owners have finished their landscaping.    Worst case is you might have to hire a surveyor to mark the property line.   You may want to go to one or two of the bigger fence companies in your area and discuss this with them.     They must come across this all the time (although they likely leave it to the homeowner to define where they want their fence).


----------



## JoeD (Jun 30, 2019)

The only to be sure where the property line is located is a survey.


----------



## billshack (Jun 30, 2019)

On your deed you will have location plan . you should have one .
this is what they look like 

*Location plan*






A location plan is a supporting document that may be required by a planning authority as part of a planning application. This may be in addition to a site plan and/or a block plan.

A location plan provides an illustration of the proposed development in its surrounding context. This enables the planning authority to properly identify the land to which the application refers, and is typically based on an up-to-date Ordnance Survey (or similar) map.

A location plan should use an identified standard metric scale, typically 1:1250 or, for larger sites, 1:2500, and generally fits onto an A4 size sheet when printed. It is important that the plan indicates the direction of North, to make its orientation clear.

The plan will typically illustrate the following:


Roads and/or buildings on adjoining land.
The site boundaries.
Land necessary to carry out the proposed development (outlined in red).
Any other land owned by the developer that is close to or adjacent to the site (outlined in blue).
A location plan is different to a site plan which is specifically focused on providing more detail of the development within the site boundaries, or a block plan which may give a slightly wider illustration of the immediate area surrounding the site.


----------



## Rusty (Jun 30, 2019)

In the US, in many locations, there is a setback area from the road. Many places also have a height limit on fences, some even limit what kind. You need to talk to someone at your city government to find out what you can and can't do.


----------



## Paul905 (Jun 30, 2019)

Thank you everyone for all the info here. I will have to look things over once I view my  deed


----------



## slownsteady (Jun 30, 2019)

Once you determine where the property line is, then figure out who owns the current fence. If it's on your property, it is most likely your fence. A good general hint is if the posts on on your side of the fencing material, it is likely that it is yours. Even if it turns out that the fence is not yours, the simplest way to go is to put up your own fence regardless of the old fence. They can be as close to each other as the property line allows.


----------



## ajaynejr (Apr 24, 2021)

You will want to find out the property line because it is possible the old fence is not positioned correctly. If you go ahead and build the new fence and no one objects then the new fence might become the property line after so many years due to adverse possession (squatters' rights). You might lose (or gain) a few inches or even a few feet of land. Or if you got it wrong and only a short time later the neighbor proves the fence is on his land then you might have to move it or remove it/


----------



## Rusty (Apr 25, 2021)

Adverse possession usually only works if the "squatter" is paying the taxes on  it.


----------



## Guzzle (Nov 28, 2021)

I was arguing with the neighbor over the east property line that runs N-S.  Turns out there were two maps on file in the county, one contradicting the other.
The iron posts, by now two inches under the surface, resolved it.  Had to use a metal detector.

I asked in writing for the surveyor to be disciplined. 
No answer.
I'm lucky they didn't come by to break my kneecaps.


----------



## Rusty (Nov 28, 2021)

There is a 4 month wait for a surveyor here. Guy next door wants to put up a privacy fence. The fence would be nice as long as it is in the right place.


----------



## Jeff Handy (Nov 29, 2021)

Hail beautiful Onatrio!


----------



## tomtheelder2020 (Nov 29, 2021)

Guzzle said:


> I asked in writing for the surveyor to be disciplined.
> No answer.
> I'm lucky they didn't come by to break my kneecaps.



You might not have asked the right agency.  In CA, such a letter to anyone other than BPELSGG (the Board for Professional Engineers, Land Surveyors, Geologists, and Geophysicists) might or might not get a response saying they have nothing to do with it.


----------



## Sparky617 (Nov 30, 2021)

Rusty said:


> There is a 4 month wait for a surveyor here. Guy next door wants to put up a privacy fence. The fence would be nice as long as it is in the right place.


How do you possibly handle real estate sales if there is a 4-month wait to get the property surveyed?


----------



## tomtheelder2020 (Nov 30, 2021)

Sparky617 said:


> How do you possibly handle real estate sales if there is a 4-month wait to get the property surveyed?


I have purchased 2 homes in CA and helped sell my mothers house.  None of those transaction involved a surveyor.  The mortgage lender requires the buyer to purchase title insurance - I presume part of that is insuring the property lines on the title are accurate and that they do that by document reserach.


----------



## Sparky617 (Dec 1, 2021)

tomtheelder2020 said:


> I have purchased 2 homes in CA and helped sell my mothers house.  None of those transaction involved a surveyor.  The mortgage lender requires the buyer to purchase title insurance - I presume part of that is insuring the property lines on the title are accurate and that they do that by document reserach.


I found out when we sold our last house that when it was originally built it was sited too close too the property line.  The house had gone through 3 owners, and several refinances by this time.  The closing attorney we used covered the cost of filing the variance because he missed it, title insurance was useless in solving this though.  Surveys aren't required here, but my relator wife recommends them to her clients.  If you or your neighbor's houses haven't been modified or fences added you're probably OK without one, but as my former house showed, the builder screwed up and it went unnoticed through several sales.  We had a survey done when we bought it, but no one checked to see if the corner of the garage was 10' from the property line.  The house was at the end of a cul-de-sac and the lot was pie shaped.  When the staked out the foundation it should have been over a foot or two from where they put it.


----------



## Guzzle (Dec 1, 2021)

Two politically connected neighbors got into a feud.  
The one said that the other's house had to be moved 4" east & 3" north.  
They both went to the zoning people along with their lawyers  & the zoning people promptly wet their pants.


----------



## Rusty (Dec 1, 2021)

We have survey stakes on one side but not on the one where the neighbor wants to build a fence. I think he pulled them before we bought so he could fudge on the fence. Our property line should be close to his house. Part of the back yard has an old fence between us. He says it is a foot over in his yard. I measured across from the other side of our yard and the fence is right on the line. So, we will make him have it surveyed first. To make it even more complicated, many years ago there was an alley down the middle of our block behind our houses. The city vacated it and split the ground between the property owners. It has never been surveyed since it was vacated.


----------

