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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.
I am sorry to hear this.
Are you saying he is planning to actually build his own fence on your property?Does he knows you are building your own fence?
He is not making any sense really in terms of building his own fence.
But in any event, no cannot trespass on your property at all. He has not right to put anything on your property without your consent. He cannot go over the property line.
So what you can do is send him a letter putting your demand in writing and tell him if he trespasses on the property at all you will seek a court order to have his footings removed at his expense and that then you will be also seeking an order that your property be put back exactly the way it was before he put in the footings as well as for your costs.
But also if you see him doing that then go out to the people putting the footings in and tell them to stop and get off your property and call the police if necessary.
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It's based on the common law for the most part. There is no Act that applies here. There are by-laws regulating fence construction and there is an Act called the Line Fences Act where you can have city officials attend to arbitrate disputes about the cost of a shared fence or where the fence should go in terms of determining where the property line is but nothing about this.
But that neighbour really should understand no one can use someone else's property without consent and certainly cannot erect something on the property. He has to move his footings onto his property and they cannot extend at all beyond the property line.