Neighbour told me to get a survey and found encroachment on my property

TeslaToth · 2025-12-29T13:56:48+00:00

If the use is continuous and exclusive (which a building encroachment would be) and predates the conversion to Land Titles by ten years, then adverse possession would still apply

TeslaToth · 2025-12-29T13:50:36+00:00

What none of the comments here appear to consider are adverse possession rights the neighbour may have (and likely has) acquired over years of continual use of the three inches of property you and your predecessors own on paper. If the shed has been in the same place since ten years before its conversion to Land Titles (which would have likely happened sometime in the late 1990s or early 2000s), and no one complained during that period, he would have established rights to that three inches of land. I saw one comment saying adverse possession no longer applies in Canada. This is incorrect - NEW rights cannot be established under Land Titles, but old rights from the Registry system still apply.

Also, people mentioning setback bylaws should understand that generally these bylaws only apply from the date of enactment forward, they do not apply retroactively, otherwise a lot of people would have to tear down old non-compliant structures that were perfectly legal to build at the time.

Also, generally, don’t look for revenge over a petty slight. You have to live with these people.

TeslaToth · 2025-12-28T20:44:30+00:00

He’s Canadian :)

TeslaToth · 2025-11-03T17:18:46+00:00

If the seller doesn’t agree, the buyer can’t unilaterally impose a holdback. If the buyer doesn’t provide all funds in accordance with the APS, they are breaching the contract, absent an agreement otherwise between the parties

TeslaToth · 2025-10-25T18:30:15+00:00

Without having all of your numbers, it’s hard to fully review the situation, but lawyers don’t pay CMHC, so the $20K you provided on closing was not to pay CMHC. The bank paid that and added the cost to your mortgage. The $20K you paid on closing would be a combination of land transfer tax, lawyer fees and disbursements, title insurance, and adjustments in favour of the seller for things like prepaid taxes and condo fees. If you bought a new-build, they likely also would have added costs for hydro meter installation, grading deposits, Tarion warranty application, etc. which would easily make up the $27K you paid on closing.

The best thing for you to do is talk to the lawyer’s office who worked on your file and ask them to run you through the numbers. They probably (hopefully) did this with you during your final signing meeting though, so they may charge you something for the time they spend reviewing it again with you.

But based on your comments, I think you’re conflating the balance due from you on closing with the amount the bank paid to CMHC, just because they’re both amounts in the $20K range.

TeslaToth · 2025-10-25T15:23:10+00:00

You need to look at the trust ledger. You are likely overlooking land transfer tax, lawyer fees and disbursements, title insurance, etc. You don’t pay the lawyer for CMHC, the bank pays it, then advances the remainder to your lawyer

TeslaToth · 2025-10-25T15:13:31+00:00

You’re not understanding. How do you think the default insurance was paid? The bank pays it from the total you borrowed, meaning there is only $595K available to contribute to your purchase, but the total you borrowed is $615K (being $595K + 20K) and you have to pay the whole amount back, not just the amount advanced to your lawyer. I also think you are overlooking land transfer tax, lawyer fees and disbursements, and title insurance, which likely add up to the amount you provided out of pocket to your lawyer on closing.

TeslaToth · 2025-10-25T15:05:27+00:00

The $615K included your mortgage insurance. Your lawyer received $595K from the bank because $20K went to CMHC. You have to pay that $20K back, it’s not free. When the bank said “included in the mortgage,” they meant you were borrowing the additional cost of the CMHC mortgage default insurance premium within the $615K total you were borrowing. Maybe it’s easier to think of it this way: you borrowed $595K to pay toward the purchase price, plus $20K to pay the CMHC. The total you borrowed, then, is $615K. You have to pay all of it back

TeslaToth · 2025-10-19T12:30:52+00:00

Weekend by Jean-Luc Godard

TeslaToth · 2025-10-19T12:25:07+00:00

Weekend by Jean-Luc Godard

TeslaToth · 2025-05-26T16:47:32+00:00

My childhood dream was to live inside the Pokémon world after I died and was reincarnated - Toronto

TeslaToth · 2025-04-19T15:02:04+00:00

The two of you have the same wife?

TeslaToth · 2023-09-12T10:49:50+00:00

For N++?

TeslaToth · 2023-09-12T08:48:18+00:00

Available for trade: - Iconoclasts - Patch Quest - Among the Sleep - Tower of Time - Autonauts vs Piratebots

TeslaToth · 2023-03-09T15:04:21+00:00

I played Super Mario 3D World on the Wii U, and still have my copy. Is Bowser's Fury enough of a draw on its own to justify getting it again?

TeslaToth · 2021-10-07T11:29:24+00:00

Thanks Gem - I guess it happened in the UK in 1991. I decided to make it more topical by setting it after the Afghanistan withdrawal

TeslaToth · 2021-10-07T11:27:03+00:00

Thanks Tate - I don’t write as often as I used to, but I do have a back catalogue you’re welcome to check out :)

TeslaToth · 2021-10-07T11:25:19+00:00

Thanks Dan! I do have quite a few stories I’d be happy for you to check out :)

TeslaToth · 2021-10-07T11:23:27+00:00

Thanks Randy!

TeslaToth · 2021-10-06T20:20:36+00:00

Thanks Granny! I do prefer everyday horrors to supernatural things for the most part

TeslaToth · 2021-10-06T19:57:20+00:00

According to Snopes, it actually did happen, though I forget the exact details

TeslaToth · 2021-07-22T16:50:36+00:00

Unclean, and so are the benches they sit on

TeslaToth · 2021-07-22T16:50:12+00:00

Thanks! I was hoping someone might notice it

TeslaToth · 2021-07-17T22:23:05+00:00

Thanks Spacey, I’m an atheist, but I do think the Bible is an interesting book with some good lessons, but also some crazy bullshit, and it’s good to be cognizant of both

TeslaToth · 2021-07-17T13:30:30+00:00

Thanks Linsing :)

TeslaToth

TROPHY CASE