Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

My issue is regarding my cottage. My neighbour has asked me…

Customer Question
My issue is regarding...

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.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Sorry, my name is Susan.

Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 38 minutes by:
3/11/2016
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,084
Experience: Lawyer
Verified

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?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
This Ontario. They put just the survey markers in last summer. I think it is Land Titles Conversion. Does that make sense.
Lawyer: Debra, Lawyer replied 2 years ago

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

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
I don't want a live call.
Customer reply replied 2 years 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 reply replied 2 years ago
Sorry, I meant permanent monuments.
Customer reply replied 2 years ago
I spoke with the surveyor. And they didn't do a new survey on paper, just the red tips wooden stakes.
Lawyer: Debra, Lawyer replied 2 years 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?

Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Tom B. Your Own Question
Tom B.
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,263
2,263 Satisfied Customers
Experience: 25 years in practice

Tom B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

106,084 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

250 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I think I am looking estate law, Jurisdictional to
I think I am looking for real estate law, Jurisdictional to municipalities regarding property. Specifically, we live in Shuniah, Ontario, On Lake Superior shores, we have been here for 20 years, we ow… read more
Debra
Debra
Lawyer
106,084 satisfied customers
We just has our property surveyed in Nova Scotia as we are
We just has our property surveyed in Nova Scotia as we are rebuilding our cabin and discovered our neighbors water well is 4 feet onto our property, along with building and access road encroachments o… read more
Debra
Debra
Lawyer
106,084 satisfied customers
Our neighbors are claiming adverse possession on a piece of
Our neighbors are claiming adverse possession on a piece of our property. We were not aware of this problem until after they bought the property five or six years ago. They are the ones who told us ab… read more
Debra
Debra
Lawyer
106,084 satisfied customers
My so bought foreclosed property upon which he found that a
My so bought foreclosed property upon which he found that a neighbor had encroached some 30 feet onto his land by piling dirt there and parking a boat and a large log splitter on my sons land . the ne… read more
Debra
Debra
Lawyer
106,084 satisfied customers
what does land title insurance typically cover? My neighbors
what does land title insurance typically cover? My neighbors fence encroaches on my property. Before asking them to move it to the correct property line, I decided to do some research at the land regi… read more
Debra
Debra
Lawyer
106,084 satisfied customers
I have a question regarding a fence I constructed on my property,
I have a question regarding a fence I constructed on my property, adjoining the existing builders fence. I bought the house new, 8 years ago and continued the existing builders fence (I am a corner lo… read more
Debra
Debra
Lawyer
106,084 satisfied customers
my neighbor has erected a chain link fence extending 20 inches
my neighbor has erected a chain link fence extending 20 inches according to my legal survey on my property. can we do anything about it?… read more
Debra
Debra
Lawyer
106,084 satisfied customers
The corner of my neighbours 50 year old garage encroaches on
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 La… read more
Debra
Debra
Lawyer
106,084 satisfied customers
We are currently in a lawsuit over an encroachment on property
We are currently in a lawsuit over an encroachment on property we own at Katepwa Beach, Saskatchewan. Our lawyer was clearly not interested in representing us so we have recently terminiated his servi… read more
Debra
Debra
Lawyer
106,084 satisfied customers
I had a hedge removed from along my front property (told by
I had a hedge removed from along my front property (told by the previous neighbor it was on my property). The adjoining neighbor (New owner) states it is on their property, and that it was theirs to r… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
we bought a property in ontario that has a right of way butting
we bought a property in ontario that has a right of way butting up to it. it is owned by a neighbour across a road. there is a cedar hedge that is about 15 feet wide , half on our property and half on… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
A very small structure (an enclosed back porch 5 x 9) on
A very small structure (an enclosed back porch 5' x 9') on the 2nd floor of my property encroaches on my neighbour (essentially hangs over a couple of inches). It has been in place for 80 years, and i… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
We have deeded road access to our cottage. This is reflected
We have deeded road access to our cottage. This is reflected in our deed and his deed. The person whose property this access road crosses is trying to sell his property and has threatened to "bulldoze… read more
Harv
Harv
836 satisfied customers
New owner of property adjoining my property was advised of
New owner of property adjoining my property was advised of property line. I had a survey completed and he did not. Two years later, he was advised again but he proceeded to build a "floating" porch/de… read more
Debra
Debra
Lawyer
106,084 satisfied customers
My neighbor at our Sask vacation property is building a fence
My neighbor at our Sask vacation property is building a fence between our porperties . I don't want part ownership of the fence . My neighbor has recently dug and cemented in the posts for the fence w… read more
Debra
Debra
Lawyer
106,084 satisfied customers
The neighbour of a lot I am buying is commencing a claim to
The neighbour of a lot I am buying is commencing a claim to migrate the legal property boundary based on his prescriptive use of a driveway over 40 plus years that encroaches this adjacent property. T… read more
Debra
Debra
Lawyer
106,084 satisfied customers
I have a neighbour who has built several iteams over our property
I have a neighbour who has built several iteams over our property line Ive spent the money and have a new survey that shows all of these encroachment,but the neighbour denies this survey and has decli… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Our neighbour has encroached on our property by almost 2 feet.
Our neighbour has encroached on our property by almost 2 feet. His walkway is on our property, and there is a fence on our side of the walkway. we would like to reclaim our 1'+ of land, and build a ne… read more
LawyerProfessor
LawyerProfessor
Lawyer
Master's Degree
836 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x