Roof overhang encroachment My name is Peter and I live in a semi-detached home in Toronto. I have owned this home since 2011. About two years ago, looking at the rear of my home I noticed my neighbours gutter, downspout and siding extending approximately

Hello Peter;

Interesting situation. First of all the boundary is not just on the ground but extends upwards into the sky. Therefore the eves and downspouts of your neighbour's rear addition are in fact encroaching on your property.

You have the right to ask for those to be removed. The question though is how to go about it? 

Your easiest option is to speak with your neighbour and ask them to remove the encroachment. It sounds like that won't be that easy for them to do as they are an extension to the addition so it would mean moving the addition. If you have good relations with your neighbour you could ask them to make a title insurance claim. This is a fairly classic situation where their title insurance policy (which they would have had to purchase when they bought their house) may well cover the cost of moving the addition.

Your title insurance policy will likely not cover a neighbouring encroachment on your property (thats why your neighbour's policy is more likely to work), but you may want to give them a call and confirm. If they do, then that is an alternate pathway to resolution for you.

Failing that then your only option is to hire a lawyer that specializes in land and title disputes. In fact if you make a title insurance claim we strongly recommend you do that with a lawyer who specializes in that too.

Peter, in summary, the eves and downspout are an encroachment on your property that you have the right to have removed. The time period is not such that adverse possession laws would likely allow them to remain where they are.

I hope this helps.