Q&A
How to Protect Your Home Purchase from Hidden Liens
A lien is a powerful legal instrument that grants creditors a claim or right over a property if a debt remains unpaid. Homeowners need to be aware of the different types of liens and their implications. In this blog post, we'll go over the various types of liens, their impact on property ownership, and common questions surrounding them.
Can a Utility company, like Bell or Enbridge, Really Come onto My Property?
Yes, if there is an easement on the title of your home, utility and service providers can legally enter onto the property without your permission.
What Rights do I have as the property owner?
Technically, you still own the portion of land subject to an easement, however, a property owner with an easement is prohibited from building any structures on the easement and must avoid obstructing it in any manner.
Do you need a building permit for a storage shed ?
A storage shed is a great way to keep things organized. It is also a good place to store tools and equipment. Read our guide
According to Toronto’s Building Permit Guide, accessory structures, such as sheds, require a permit if the structure is greater than 10 meters squared or 100 square feet. (Find more information here www.toronto.ca/building-permit-required. If a building permit is not required, compliance with your municipality zoning bylaw is required.
In Toronto, the general requirement for a setback is ...
I live in Toronto area. I have changed my old fence in front of my house. My neighbor asked me if I got permission or have plan of survey. I told him it is not his business. Is he right to ask me that?
Hi Dara;
If you put up your fence on the property line or on your side of it you do not need permission to do so. You would have been wise to consult a survey plan to confirm exactly where the property line was because often existing fences are not on the lie...we just assume that they are.
Your neighbour is probably just wanting to make sure you didn't build the fence on his property - not an unreasonable request.
Title Insurance or Survey?
Hi;
You're right, in Ontario lenders do require title insurance to be purchased. Some, however only require lender's title insurance as the minimum requirement which means that you don't get any benefit from this insurance, only they do. Check with your lender and lawyer and if that's the case, ask if you can extend the coverage to homeowner as well.
Title insurance is an excellent product and great value for money. However, there are limits to its coverage. Title insurance ins't boundary insurance. It also doesn't...
Neighbour's post holes on my property
Do you have a survey of your property that shows your building as well as the property line? Use it to determine exactly where the property line is. Does your neighbour have one? That's your starting point - establish consensus on where the boundary actually is. Hiring a surveyor to stake out the property line is your best bet.
Unfortunately we are seeing that this often isn't enough. Even with insurmountable official evidence in your favour you may find your neighbour continues their project.
is an old survey plan ok to use?
Hi Bryan;
Yes it is, providing that the footprint of the building (the location of it's foundation) has not changed. Survey plans that show buildings (called Building Location Surveys or Surveyor's Real Property Reports) typically show the distances between the corners of the building and the property line.
This information is invaluable because it allows you to take those measurements and approximate where, on the ground, the property line is. If the foundation of the building has not changed since the 1957 survey plan...
Where is the Boundary on a Survey Plan?
Assuming you have a survey that you determine is decent to use, the first thing you're going to do is look and see / determine where the boundary is. And the boundary on a survey plan is always the thick, dark line. Look for the thickest, darkest line, that's going to be your boundary.
Now, don't confuse the front boundary of the property with where the road is or the curb or the sidewalk is. That's not where the boundary is. Some people take measurements from ...
How has the lawyers job changed with the Introduction of Title Insurance?
Many of you I know practiced real estate before title insurance came in, right? And those of you who did will remember the amount of work that the lawyer used to do prior to closing, to assure good title.
You always had to get a survey plan by the way and the lawyer did a full 40 year title research, and off title search to make sure that there were no outstanding permits or warrants or anything else like that. They also looked ...
What are some different types of survey plans and why they are different?
“Land Survey” is the term that encapsulates pretty much all the different types of plans the surveyor would produce. Within that there are two general types of land survey. Public plans and Private Plans.
Public Plans
Public plans include Registered Plans, Reference Plans, Plans of Subdivision and Condo Plans. These are the plans that normally you'll find at the Registry Office. These types of plans typically only have a certain amount of information on them. What do they show? Well, these types of plans show ...