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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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My issue is regarding my cottage. My neighbour has asked me

Customer Question

My issue is regarding my cottage. My neighbour has asked me to move my cistern and my sidewalk that is encroaching on his property by about 4 to 6 inches. I bought this property in 2003, and up until last year it didn't seem to be a problem. The cistern and sidewalk have been there for a long time. The letter that I received today from his lawyer, says that they will commence a superior court action seeking an injunction to remove my cistern and sidewalk. I do have title insurance and was told by title insurance that I would need his complain in writing and a copy of a survey showing the encroachments. Both the neighbour and the lawyer know this. They do not have a survey.
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Customer: Sorry, my name is Susan.
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Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

How do they know you are encroaching without a survey?

What province is this please?

Do you know what land registry system you are under?

Customer: replied 9 months ago.
This Ontario. They put just the survey markers in last summer. I think it is Land Titles Conversion. Does that make sense.
Expert:  Legal Ease replied 9 months ago.

Who put the survey markers in and how could that be done without a survey?

Customer: replied 9 months ago.
I don't want a live call.
Customer: replied 9 months ago.
A survey company put the markers in. The used the permeates monuments. I know there are old surveys of my cottage from the late 70s. Put they don't show the cistern. The siding on the cottage is different also.
Customer: replied 9 months ago.
Sorry, I meant permanent monuments.
Customer: replied 9 months ago.
I spoke with the surveyor. And they didn't do a new survey on paper, just the red tips wooden stakes.
Expert:  Legal Ease replied 9 months ago.

So don't you have the old survey then?

I just don't understand how they could put in survey pegs without some survey.

Do you know how long the cistern and sidewalk have been in place?

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