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5/4/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
In Toronto you would be under the Land Titles Act and this means there is no limitation period for bringing an action for an order requiring your neighbour to move the fence off your property.
That is because the Land Titles Act doesn't give the neighbour the right to claim ownership in that piece of land no matter how long the fence has been there before because there is no such thing as adverse possession under the Land Titles Act.
For this reason I suggest you retain a lawyer to send him a letter demanding the fence be moved by a deadline you set.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
(NNN) NNN-NNNNbr/>
I don't know what you mean by a literature reference but here is a link to the Act:
https://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l05_e.htm
See section 51.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
In Toronto you would be under the Land Titles Act and this means there is no limitation period for bringing an action for an order requiring your neighbour to move the fence off your property.
That is because the Land Titles Act doesn't give the neighbour the right to claim ownership in that piece of land no matter how long the fence has been there before because there is no such thing as adverse possession under the Land Titles Act.
For this reason I suggest you retain a lawyer to send him a letter demanding the fence be moved by a deadline you set.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
(NNN) NNN-NNNNbr/>
I don't know what you mean by a literature reference but here is a link to the Act:
https://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l05_e.htm
See section 51.
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