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Our next door neighbor is building a house, and when the…

Our next door neighbor...

Our next door neighbor is building a house, and when the septic tank and leaching bed is completed and covered with earth it will be 5 feet above our land. Is there any Ontario legislation on height restriction that protects us from this issue?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The septic tank is installed and the septic bed is installed but not covered over yet-- probably waiting for municipal approval. It is within the 10 feet limit to the property line but should have proper drainage.

Lawyer's Assistant: Has any paperwork been filed?

No we are just researching the law to see what options we have.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No we are ready.

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Answered in 45 minutes by:
8/20/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,514
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear that is sounds like you have a concern.

Before I answer do you see this as harming you in some way?

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Customer reply replied 9 months ago
Do you need to see pictures?

No. It's not going to matter what I think. I am trying to find out if you will suffer damages as that will help determine which options are available to you.

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Customer reply replied 9 months ago
Appearance for resale since there is a 5 ft drop to our property. Also, there is no drainage ditch to handle septic malfunction or large storm runoff as yet. The township is in the approval process. Once again are there any height regulations outside of appearance?

I cannot know if there are height regulations. This has nothing to do with a provincial act. There could be by-law restrictions but that is not provincial. It is specific to your township and for that you have to speak to by-law enforcement for your township. I would assume the township will not approve if there is such a by-law.

But you have the option of both going to the township to protest and also doing that privately by retaining a lawyer and threatening a lawsuit. Property owners cannot take away the peaceful enjoyment of another's home. As well they cannot construct anything that could potentially cause damages to your property and you are saying this could be the case because of the drainage issue.

So you should speak to by-law enforcement, speak to the township and then if necessary retain a local lawyer to threaten a lawsuit and even sue if necessary.

Does that help as a starting point even though the answer is not as clear cut as you hoped?

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.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,514
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you for your help and I will keep in touch with the results. You have given us good information and I give you 5/5. Cheers

You are very welcome.

Enjoy the rest of the weekend.

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Customer reply replied 9 months ago
I would not hesitate to recommend Debra or the justanswer website again.

Thanks!

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