Boundary & Title Disputes — Property Counsel
Boundary & Title Disputes
Ontario boundary & title dispute lawyers.
Property Counsel represents homeowners, neighbours, condominium owners, and commercial property owners across Ontario in boundary disputes, title disputes, easement and right-of-way claims, adverse possession, real estate fraud, and title insurance disputes.
Limitation periods, encroachment claims, and defects on title each have their own timelines.
Earlier review can leave more options on the table.
How We Help
Boundary & title dispute services
across Ontario.
Time-sensitive matters
Property disputes get harder, and more expensive, the longer they sit
Boundary and title disputes in Ontario are governed by the Land Titles Act, the Real Property Limitations Act, and the Limitations Act, 2002. Encroachments harden over time, fraud worsens by the day, and limitation periods can extinguish strong claims permanently. The strongest position is almost always the earliest one.
01
Boundary Disputes & Property Line Encroachments
When a fence, shed, garage, driveway, or addition crosses the property line, the encroachment can affect resale and refinancing. We negotiate encroachment agreements, bring court applications for removal, and resolve conflicting surveys.
02
Adverse Possession & Possessory Title Claims
Ontario still recognizes adverse possession, or “squatter’s rights”, but only where 10 years of open, exclusive possession ran before the land entered Land Titles. We assess viability, prosecute and defend claims, and act to interrupt a developing claim.
03
Easement, Right-of-Way & Shared Driveway Disputes
An easement or right-of-way gives one property a registered right over another for access, drainage, utilities, or a shared driveway. We act in scope disputes, prescriptive easement claims based on 20+ years of use, easements by necessity, and shared driveway conflicts.
04
Title Defects & Clouds on Title
A cloud on title, like an undischarged mortgage, a missing signature, an execution against a former owner, or an expired construction lien, can stop a sale or refinance. We investigate the parcel register, identify the defect, and clear title through Teraview or court application.
05
Real Estate Title Fraud & Fraudulent Conveyances
Title fraud, whether through identity theft or a fraudulent conveyance, is an emergency. We bring urgent applications to freeze title, register a Certificate of Pending Litigation, set aside fraudulent transfers and mortgages, and recover property and proceeds.
06
Title Insurance Claims & Coverage Disputes
When a title defect, encroachment, or fraud surfaces after closing, title insurance through Stewart Title, FCT, or Chicago Title should respond, but coverage is routinely denied or under-paid. We prepare claims, push back on denials, and litigate against insurers where coverage has been wrongly refused.
07
Section 71 Notices & Unregistered Interests on Title
A Section 71 notice under the Land Titles Act flags an unregistered interest in property, such as an option, an unregistered lease, or a beneficial ownership claim. We register notices to protect a client’s interest, and bring applications to remove improperly registered notices clouding title.
08
Co-Ownership & Joint Tenancy Disputes
When co-owners cannot agree on what to do with a jointly held property, the dispute usually ends in court. We act in partition and sale applications, severance of joint tenancy, and disputes over contributions to mortgage, taxes, and upkeep between siblings, business partners, and unmarried co-owners.
09
Restrictive Covenants & Building Scheme Disputes
Many Ontario subdivisions and cottage communities carry restrictive covenants on title that limit how a property can be used or built on. We enforce covenants against non-compliant neighbours, and act to modify or extinguish outdated covenants and building scheme restrictions on additions, ADUs, and short-term rentals.
What You Need to Know
Common questions about boundary, title
and easement disputes in Ontario.
My neighbour built a fence or structure on my property. What can I do?
Confirm the true boundary with a current surveyor’s real property report (SRPR). From there, your options range from negotiating an encroachment agreement, to demanding removal, to commencing a court application. Acting promptly matters, since long-standing encroachments can support adverse possession or prescriptive easement claims.
Can a neighbour claim part of my property through adverse possession in Ontario?
Adverse possession (sometimes called “squatter’s rights”) still exists in Ontario but is now very narrow. The Real Property Limitations Act requires 10 years of open, exclusive possession, and that period must generally have run before the land was converted into Land Titles. Most Ontario land is now in Land Titles, so new claims cannot start to run.
What is an easement and how can it affect my property?
An easement is a registered right that allows one property to use part of another for a specific purpose, commonly access, drainage, utilities, or a shared driveway. Easements run with the land and bind future owners. Disputes typically turn on the scope of the easement, whether it has been abandoned, or whether long use has created a new prescriptive easement.
Someone fraudulently transferred or mortgaged my property. What do I do?
Title fraud is an emergency. Contact a real estate litigation lawyer immediately, since downstream transactions can complicate recovery the longer it sits. We bring urgent applications to freeze title, register a Certificate of Pending Litigation, set aside the fraudulent transfer or mortgage, and recover the property. In parallel, victims should report to police and the Land Titles Assurance Fund.
I just discovered a title defect after closing. What are my options?
Title defects discovered after closing are usually a title insurance matter first. Most Ontario residential transactions are insured by Stewart Title, FCT, or Chicago Title, and the policy is intended to respond. We review the policy, prepare and submit the claim, and where coverage is unavailable, pursue the seller, the seller’s lawyer, or the responsible third party directly.
How do I find out where my property line actually is?
The most reliable way to confirm a property line in Ontario is a current surveyor’s real property report (SRPR) prepared by an Ontario Land Surveyor. Title documents, MPAC maps, and Google Earth are not reliable for this purpose. An SRPR shows registered boundaries, improvements, encroachments, and easements visible on title.
My title insurance claim was denied. Do I have options?
Yes. A denial is not the end of the matter. Title insurance policies are contracts of indemnity, and insurers sometimes deny or under-pay claims on grounds that do not hold up on closer review. We review the policy and the denial letter, prepare a detailed response, and commence proceedings against the insurer where coverage has been wrongly refused.
How long do I have to bring a boundary or title dispute claim in Ontario?
Limitation periods are governed primarily by the Limitations Act, 2002 (a 2-year basic limitation from discovery) and the Real Property Limitations Act (10 years for many claims to recover land). Different causes of action carry different deadlines, and missing one can extinguish an otherwise strong claim. Contact us before the clock runs.
The Property Counsel Standard
“When property rights are in dispute, the right move — made early — protects both the property and its value.”
Real estate law, only
We litigate exclusively in real estate — our knowledge of the law and the market is focused and current.
We act quickly
Real estate disputes are time-sensitive. We move without delay to protect your legal position from day one.
Direct access to your lawyer
Your file is handled by a licensed lawyer from start to finish — not a paralegal or junior clerk.
Transparent on cost
We discuss fees before we start. You know what you are committing to before the work begins.
Boundary, title or easement issue?
Contact us today.
Book a Consultation

Disclaimer: The content on this page is for general information purposes only and does not constitute legal advice. Reading this page does not create a lawyer-client relationship. For advice specific to your situation, contact Property Counsel or your own legal counsel. Property Counsel makes no representations as to the accuracy, completeness, or currency of the information provided. Content reflects the law as of its publication date and may not reflect subsequent legal developments.