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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101453
Experience:  Lawyer
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The corner of my neighbours 50 year old garage encroaches on

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The corner of my neighbours 50 year old garage encroaches on my property by 6 inches. This is confirmed by surveys. A new owner took possession last year. The property would have been registered in Land Registry but I believe all Muskoka properties have now been transferred to Land Titles. Can we insist on having the neighbor remove the garage. Also does it make any difference that the new neighbor has now made modifications to the garage that infringe on the current 15 foot sideline setbacks and may actually also encroach on our property by a few inches? The recent modifications were done without a building permit.

The neighbor insists that neither his realtor or his lawyer advised himabout the encroachment at the time of purchase.
Thank you for your question.

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When did your property become converted to the Land Titles Act system? Was it at least over 2 years ago?
Customer: replied 4 years ago.

Unsure. believe it was more than 2 years ago.

If it was over 2 years ago then you do not stand the chance of losing that portion of your property.

There is no such thing as adverse possession under the Land Titles Act system. There is under the Registry Act but the neighbour had to make a claim within two years of the conversion.

So as long as you are past the two years you are safe.

And it's not the least bit relevant with the neighbour was told. He/she can sue the realtor or lawyer if they made a mistake but that is hardly your concern.

The neighbour cannot keep his garage on your property without your consent.

So I suggest that you simply have your lawyer send a very civil letter (this is your neighbour of course) and give the neighbour a reasonable time to move the garage but make it clear you are not asking but actually insisting and will get a Court order if necessary.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

Is it just the 6 inches of the garage that he would have to remove or can I insist on the whole garage being removed?

Can I insist that the garage be moved to meet the current 15 foot sideyard setback bylaws?

For sure you can insist the garage be moved off your property.

Whether the by-law would apply is a different matter because the neighbour may be grandfathered in to any new by-law.

This is something to discuss with by-law enforcement.
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