A Lively Source of Real Estate & Community News
September 2000
The Lines That Divide Us Frequently Asked Questions About Boundaries
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ost of us don’t know, or care, exactly where our property boundaries are located. But if you or your neighbor want to fence the property, build a structure or cut down a tree close to the line, you need to know where it actually runs. How do you find the exact boundaries of your property? You can hire a licensed land surveyor to survey the property and place official markers on the boundary lines. A simple survey in the Wasaga Beach area costs about $595 and up. My neighbour and I don’t want to pay a surveyor. Can’t we just make an agreement about where we want the boundary to be? You and the neighbor can decide where you want the line to be, and then make it so by signing deeds that describe the boundary. If you have a mortgage on the property, consult a lawyer for help in drawing up the deeds. You may need to get the permission of the mortgage holder before you give your neighbor even a tiny piece of the land. Once you have signed a deed, you should have it filed at the local Land Registry Office. What can I do if a neighbor starts using my property? If a neighbor starts to build on what you think is your property, do something immediately. If the encroachment is minor—for instance, a small fence in the wrong place—you may think you shouldn’t worry. But you’re wrong. When you try to sell your house, a title company might refuse to issue insurance because the neighbor is on your land.
Also, if you don’t act promptly, you could lose part of your property. When one person uses another’s land for a long enough time, he can gain a legal right to continue to do so and, in some circumstances, gain ownership of the property. Talk to your neighbor right away. Most likely, a mistake has been made because of a conflicting description in the neighbor’s deed or just a mistaken assumption about the boundary line. If your neighbor is hostile and insists on proceeding, you may have to send a firm letter—or have a lawyer send one on his or her letterhead. If the building doesn’t stop, waste no time in having a lawyer get a judge’s order to temporarily stop the neighbor until you can bring a civil lawsuit for trespass before a judge. A Little Common Sense If you are having no trouble with your property and your neighbors, yet you feel inclined to rush out to determine your exact boundaries just to know where they are, please ask yourself a question: Have you been satisfied with the amount of space that you occupy? If the answer is yes, then consider the time, money and hostility that might be involved if you pursue the subject. If a problem exists on your border, keep the lines of communication open with the neighbor, if possible. Learn the law and try to work out an agreement. Boundary lines simply don’t matter that much to us most of the time; relationships with our neighbors matter a great deal more.
—Bruce
Worth Checking Out In September 4th 4th— to 9th—Autumnfest in Wasaga Beach 8th—Carly Patterson Memorial Golf Tournament at Marlwood Golf & Country Club. Shot gun start at 10 a.m. For more info call Marlwood Golf Course or RE/MAX 11th—Wasaga Golden Oldies Cruise Night at Nancy Island Parking Lot: 429-6092 17th—Terry Fox Run. Meet at Zehr's parking lot between 12:00 and 1:00 25th—Wasaga Golden Oldies Cruise Night @ Nancy Island Parking Lot. This will be the last Cruise Night for the year 2000. Contact: John Harrison 29th—Wasaga Beach Chamber of Commerce Golf Tournament in support of D.A.R.E "Drug Abuse Resistance Education." Only $65.00. Includes: BBQ Steak dinner, Tee off at 10 a.m., 18 hole golf, scramble format,shotgun start, teams of four. Silent Auction and 50/50 draw. 30th—Wasaga Beach Compiled for happy clients by:
Bruce Johnson Sales Representative
Mary Johnson Assistant RE/MAX of Wasaga Beach Inc.
1263 Mosley St., Box 490 Wasaga Beach, ON L0L 2P0 email: brumar@simcoe.net www.thehomehunt.com Tel: 705-429-4500