property line, fence, trees, neighbour... etc.

[synaptech]

Looking for some advice here. I recently moved into an older house and this spring I noticed a problem with the property line. The neighbour's fence seems to be on my side by about a foot for a length of about 20 feet. I know it sounds odd, but I had originally assumed that was the property line until I started looking more closely. I have to go back to the buying paperwork, but I am 99% sure there was no registered easement. When I asked the neighbour he said he wasn't sure about the property line... hmmmm.... to compound the problem, there are a number of trees just on his side (or slightly over) of the "proper" property line. I hate to see trees cut down, but I also hate to see a ~20 foot+ chunk of missing property... I see this coming down to me having to prove the property line and my survey is about 90 years old. Where do I begin here? Can he stump the trees or will the need proper removal? Does the insurance I bought from the lawyer cover this?

TIA

[OldFortYork]

Looking for some advice here. I recently moved into an older house and this spring I noticed a problem with the property line. The neighbour's fence seems to be on my side by about a foot for a length of about 20 feet. I know it sounds odd, but I had originally assumed that was the property line until I started looking more closely. I have to go back to the buying paperwork, but I am 99% sure there was no registered easement. When I asked the neighbour he said he wasn't sure about the property line... hmmmm.... to compound the problem, there are a number of trees just on his side (or slightly over) of the "proper" property line. I hate to see trees cut down, but I also hate to see a ~20 foot+ chunk of missing property... I see this coming down to me having to prove the property line and my survey is about 90 years old. Where do I begin here? Can he stump the trees or will the need proper removal? Does the insurance I bought from the lawyer cover this?

TIA

Best thing to do in your case is to get a new survey done on your property. My neighbour across the street thought that the fence of the house next door to him was encroaching on his property. He was proven wrong when the house next door was demolished and a new one put up, which resulted in a new survey being done on the property and thus showing that the fence was in its proper position.

In Toronto any tree with a 30cm diameter at 1.5 m in height needs a permit to be removed.

[Dustbunny]

Do check your paperwork. There should be a more recent survey there and it has to be stamped by the city.Any survey that does not reflect every change in the yard so it is as it appears now, is out of date and needs to be redone or they put the survey insurance in place when you purchase.

If it shows the fence is on your property, there may have been an issue as you have seen posted here where the original fence was in dispute and someone had to build it set back off the line or it could be like my yard (which is the same age as yours). For some reason, a few years back, they moved all the property lines over 10" and grandfathered all the fences that were in place. So everyone on this block has fences that are no longer on the property lines. The thing is, any new fence construction has to follow the new lines so no one is building new fences because it will sort of be a domino effect moving them all over 10" and there are problems like paved parking pads, garages, and such that would then all be in the way or too close to a fence. It's so weird we just accept fixing the fence posts and such where they are instead of complete replacement.

As for the trees, just because you move a fence doesn't mean you cut down trees. You build the fence to accommodate them by leaving spaces or building it around them. They are just too valuable usually. That may be why the fence was built the way it is to begin with too. There is a tree like that in my yard. Over the years it's just gotten so big it's trunk now encroaches my side but the fence basically just goes up the to the tree, stops, and continues from the other side. As the tree gets wider, the fence boards are trimmed so it can keep growing. No big deal and much nicer to have the tree survive.

Anyway, get a current survey if you don't already have one and if there is an issue, call the lawyer who did your purchase and the city and see what the process is for making it right. Then speak with the neighbour because if you go cutting nice trees for the sake of a fence to fix 10" you may lower both your property values when it isn't necessary and cause years of grief between the two of you.

[synaptech]

Thanks OFY & DB. I guess I have to get a survey done. As for the trees, I don't really want to cut them down -- neighbour suggested it. The ides to build the fence around them is a good one.

[OldFortYork]

If the Trees shade the house in any way, they're probably saving you money by reducing your AC bills.