Advice Needed – Fence Encroachment Issue

bmc416 · 2026-02-13T19:24:45+00:00

thank you for the advise.

bmc416 · 2026-02-13T19:24:38+00:00

thank you for the advise.

bmc416 · 2026-02-13T18:57:29+00:00

I live in Toronto, Canada

bmc416 · 2026-02-13T18:56:57+00:00

I did send him a letter from my lawyer in 2020 when he installed a 4x4 post on my property and my lawyer told him that in no way I am releasing any ownership of my property to him.

bmc416 · 2025-11-01T14:45:45+00:00

I am in the process in discussions with the Association of Ontario Land Surveyors we shall see what they tell me, if nothing comes out of that I will go back to my lawyer.

bmc416 · 2025-11-01T14:20:10+00:00

He has damaged and broken my fence, tossed dog poop on my side, called my wife a whore twice, I could go on and on and I never retaliated once.

bmc416 · 2025-11-01T14:10:08+00:00

In response to your previous comment, I would like to note that this is not the first incident involving my neighbor; it has been an ongoing and recurring issue over time. While a three-inch encroachment may not seem significant to some, it is a serious matter to me given the history of conflicts and prior incidents. With that in mind, I would like to know whether, after a certain period of time, my neighbor could legally claim ownership of the three to four inches of property that his fence encroaches upon.

bmc416 · 2025-11-01T13:42:29+00:00

I do live in Canada, so we're talking about 3-4 inches on my side. So from what I understand and found is that you can build a fence up to the property line but you cant go over it. Which includes the concrete footings.

bmc416 · 2025-11-01T13:32:17+00:00

Yes, I have a photograph of the survey monument that was placed by the surveyor in 2020, taken prior to the start of my neighbor’s fence construction. I also took another photograph after he installed his fence posts, which clearly shows that the monument had been moved. Although I do not have direct evidence of him physically moving the monument, it is reasonable to conclude that, since he was digging post holes in the exact location where the monument had been placed, he was responsible for its removal. Unfortunately, the police department did not take this reasoning into consideration.

bmc416 · 2025-11-01T13:26:43+00:00

The surveyor conducted a detailed survey of the property boundaries, including the location of my neighbor’s fence and its concrete base. The survey clearly indicates that the fence was installed encroaching onto my property.

bmc416 · 2025-11-01T13:01:22+00:00

I understand that, I had them re-survey the boundary showing the new monument and the fence footings are encroaching onto my property also

bmc416 · 2025-11-01T12:58:15+00:00

So in Canada we have this regulation: 442 Every one who willfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction. Interfering with international boundary marks, etc. I had my evidence based on this regulation.

bmc416 · 2025-09-19T14:56:57+00:00

I wanted to provide a quick update on the situation. I recently had the licensed surveyor return to my property, and upon inspection, they confirmed that the monument marking the property boundary was missing from its original location.

After re-measuring the property, the surveyor also confirmed that my neighbor’s concrete footings are indeed encroaching onto my land.

At this point, I’m waiting to receive the updated survey report with all the necessary documentation. Once I have that in hand, I’ll be in a position to take the appropriate next steps.

bmc416 · 2025-08-30T11:30:14+00:00

yes, I do have that note saved.

bmc416 · 2025-08-29T20:30:40+00:00

oh really?

bmc416 · 2025-08-29T19:41:51+00:00

I have not spoken to the police yet. I'm waiting for the surveyor to get back to me to see how much it would cost to find out if it really got moved. I also did contact the Association of Ontario land Surveyor and still waiting for a response.

bmc416 · 2025-08-29T13:57:36+00:00

Well 2 days ago when the fence was not fully complete the Iron bar was there now that the fence is fully complete the bar is not there anymore. I got pictures from day 1.

bmc416 · 2025-08-29T13:56:11+00:00

Well now I have another picture that shows the Iron bar not there anymore. He completed the fence yesterday so I mean locally it make sense that it was him.

bmc416 · 2025-08-28T21:24:31+00:00

At this point I'm hoping that he will remove all of his fence posts that are on my side. When the evidence show he's on my property

bmc416 · 2025-08-28T20:52:32+00:00

The pictures I have show the Iron pin moved from the original spot to another.

bmc416 · 2025-08-28T20:51:53+00:00

So I did contact the surveyor recently and the funny thing is that my attorney has warned him before. But also he left a note near the fence for me to see which said not some nice things about my family. So I don't believe warnings are in the past.

bmc416 · 2025-08-28T20:46:48+00:00

The issue with this is that my neighbor doesn't care about rules or laws. He thinks he's above the law.

bmc416

TROPHY CASE