Neighbour wants to renovate, house is over property line (Grandfathered)

Our neighbour sold her house, and the new owner has informed us that he will be erecting a triplex in place of the existing 2 bedroom bungalow. We have our survey from the 1950s, and it shows that their house is actually over our property line and onto our driveway.

It is not a shared driveway; it is exclusively ours but the neighbour's house is built right onto it (so our driveway is paved right up to their house). In order to do any extensive work on the house, the new owner will have to be on our driveway for quite a bit of the reno, I would imagine.

The other side of his house is a laneway. We are concerned - we don't want to lose any more of our property, and we are concerned that our house and vehicles may be damaged in this process. What is our best plan of action? He says he plans to stucco the entire house (it is currently siding)

Thanks for the detailed explanation and question. I'm assuming you're in Toronto or the Greater Toronto area, however if not the suggestions below should still help.

With regards to your neighbour's ability to rebuild a structure in the current building location which encroaches on your property: you will need to consult a lawyer who specializes in boundary disputes and land-related matters. Bob Aaron and Brian Madigan are two highly reputable lawyers in this field. The question is whether or not the grandfathered encroachment would survive a rebuild or whether the City would look to that opportunity (in the building permit process) to see the encroachment rectified.

As far as your neighbour's use of your driveway during construction: Each municipality has its own bylaws that cover construction projects, requirements, commitments. The City of Toronto recently tightened their bylaw up to only allow access to neighbouring properties for the construction of new structures as opposed to repairs or maintenance. Your neighbour may have to negotiate a temporary construction easement with you or your local bylaws may have a provision for it.

Aside from all of this it is imperative that you take *a lot* of photos of the exterior of your property and interior (basement walls, interior walls on the side facing the construction). However your neighbour gets access to your driveway they must return your property to the condition it was in prior to their construction project. The more evidence you have of its pre-construction state the better. You can also speak to your lawyer about potentially having your neighbour put funds in trust to cover any damages that may occur during construction.

I hope this helps.