Possible dispute ahead

Hi Beachdude;

You are certainly correct in making the survey your first priority. Make sure you select a surveyor who is local and knows the area well. Also, you may want to pay a little extra and have the boundary between you and your neighbour staked out to give you physical evidence (on the ground) of where the property line is. With this in hand hopefully your neighbour will see the error of their ways and remove the encroachments.

In general terms the laws of adverse possession (squatter's rights) in Ontario state that you cannot make an AP claim against a property once it has been moved (converted) to the new Land Titles system. The exception to this rule is if it can be proven that the portion of land being claimed was being used for 10 consecutive and uninterrupted years prior to that date of conversion. So, if your property was converted to Land Titles in 2001, your neighbour would have to prove continuous and uninterrupted use from 1991 to 2001. 

When you hire your surveyor they will be able to give you that information and advise you on your specific situation. If, following the presentation to your neighbour of the survey, they do not capitulate, your only other option is to hire a lawyer who specializes in boundary dispute litigation.

Regards;