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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100973
Experience:  Lawyer
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Twelve years ago my neighbour left a load of irrigation

Customer Question

twelve years ago my neighbour left a load of irrigation pipes on my property.....approximately six years ago we had a falling out about another issue and in that case I communicated in writing twice regarding that issue.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ontario canada......just recently he trespassed on my property, stole the irrigation pipes that he abandoned....approx 40 plus.....hauled them over to his property, erected a seven foot fence with five rows of bobwire. In the process of erecting the fence he trespassed on my land and cut a 20ft swath of conservation brush.
JA: Has anything been filed or reported?
Customer: yes, I have reported to the Nottawasaga conservation officer as he has cleared alot of conservation land plus dug a ditch with a machine. I have also reported to the Ministry of Natural Resources officer as he has quite a trap set up for dear hunting....I have also had an OPP constable out who I am in back and forth discussions with....she was to research the law regarding abandoned property but has yet to do this so I decided I'd research on line.....
JA: Anything else you want the lawyer to know before I connect you?
Customer: upon reading information on line, it appears I should have written to my neighbour about the pipes to advise him of either paying a rental fee or if we couldn't reach an agreement, they would no longer be his. Being this was not done, are these pipes technically still his? or are they mine? Quite clearly he trespassed and stole as far as I'm concerned....he had to cross a hayfield and cut down brush to remove them. The OPP seem to think there is nothing they can do but charge him with trespassing which is simply a ticket....bare in mind, the officer did not do proper research regarding the law on abandoned this something that she could do or is this not in her "job" description? She did speak with my neighbour but because of shift work I have not been able to connect with her other than leaving messages
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

I am sorry to hear that his happened to you.

If he caused you damage to your property or even took up your time you can sue him for this damage but the pipes are his and did not become yours because he left them on your property.

If the conservation brush belongs to you (it sounds like you are saying it belongs to the conservation area) then you can sue for those damages.

But otherwise this is not going to be considered a theft and it will only be trespass under the provincial act and not under the criminal code.

I am sorry this is not quite the answer you were hoping for.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?