What can I do about my neighbor's garden on my property?

A: In today’s crowded urban landscape, people will often landscape with little regard for the location of their property boundaries. Regardless of their innocent intent, it is important for you to politely inform your neighbours of these encroachments and request that they adhere to the boundaries.

It's up to you to protect your boundaries. Before communicating with your neighbours, you should first confirm your boundary locations by commissioning a new survey or obtaining an existing survey plan.

Having a new survey plan which shows your property's physical features (and those of your neighbour's) relative to the boundary you share can help to avoid confusion or arguments over the of location of the property lines. If your neighbour disagrees with the information on your survey plan and refuses to remedy the encroachment, you should seek legal advice.

A simple letter from your lawyer can often work wonders. It’s best to deal with these issues quickly in order to avoid bigger problems later, such as when you want to sell your home. Learn more about handling disputes.