Property Line Encroachments in Ontario: What Happens When a Fence, Shed, or Deck Crosses the Line

A few years back, a study of survey plans across the GTA found something that surprises most homeowners: nearly half of the properties reviewed had some kind of boundary discrepancy a fence, shed, or other structure sitting on or over the actual property line. Not a dramatic land grab, usually. Just a fence built a foot too far, or a deck extension nobody double-checked. But it’s still an encroachment, and it can turn into a real problem at the worst possible time like when you’re trying to sell.

What Counts as an Encroachment

An encroachment is any structure or improvement that crosses from one property onto a neighbouring one, based on the legal boundary rather than where anyone assumed it was. Common examples we run into:

• A fence built along what looked like the property line, but sits a foot or two onto the neighbour’s land
• A shed, deck, or garage extension that partially overhangs the boundary
• A driveway or retaining wall that was widened over time without anyone checking the survey
• Overhanging eaves, gutters, or tree branches these come up less often but can still matter for some transactions

None of these are usually intentional. Most encroachments happen because whoever built the structure was going by an old fence line, a rough estimate, or simply never had a current survey to reference in the first place.

How Encroachments Usually Get Discovered

In our experience, encroachments rarely surface on their own they show up when something else is happening on the property:

During a real estate transaction. A buyer’s lawyer or lender asks for a current survey, and it turns out the garage sits eight inches over the line. This is one of the most common reasons deals get delayed at the last minute.

When a neighbour starts a project. A new fence, addition, or landscaping job prompts someone to actually check where the boundary is  and the existing structure turns out to be in the wrong spot.

During a boundary or SRPR-style survey. This is the most reliable way to catch an encroachment before it becomes a problem, since the surveyor is comparing what’s physically on the ground against the registered legal boundary.

What Your Options Are

If a survey turns up an encroachment, the right next step depends on how serious it is and whether the neighbours are cooperative:

Talk to the neighbour first. Most encroachments are minor and unintentional, and a lot get resolved with a simple conversation — especially if the encroaching structure is easy to move.

Register an easement or agreement. For small, low-impact encroachments (a fence a few inches over, for example), property owners sometimes agree to a formal encroachment agreement rather than tearing anything down. This typically involves a lawyer and gets registered on title.

Remove or relocate the structure. If the encroachment is significant, or one side isn’t willing to negotiate, moving the structure back onto the correct side of the line may be the only option.

Get a legal opinion. For anything involving a dispute, a real estate lawyer should be involved alongside the surveyor — this isn’t a situation to navigate on assumptions alone.

In every case, the starting point is the same: an accurate, current boundary survey that shows exactly where the legal line sits and how far the encroachment extends.

Why Old Surveys Don’t Always Catch This

A survey from 15 or 20 years ago might show the property as it existed back then — but fences get rebuilt, decks get extended, and additions go up without anyone pulling out the old plan first. If you’re not sure whether a survey already exists for your property, our guide on finding an existing survey in Ontario walks through how to check what’s on file before ordering something new.

Don’t Let a Small Issue Become a Closing-Day Problem

Encroachments are far easier to sort out early than during a time-sensitive sale or a heated dispute with a neighbour. If you’re planning to sell, build near your property line, or just want to know exactly where you stand, a current boundary survey settles the question with certainty.

Request a free quote and our team will help you find out exactly where your property lines fall before it becomes someone else’s problem to point out.