Zachary Fiddes
@zfiddes.bsky.social
Ontario Land Surveyor
Halton Hills, Ontario, Canada
Halton Hills, Ontario, Canada
A boundary survey is unique because it is the only document that can identify both title and boundary issues- or a sort of way to reconcile the two making the survey the most important service in any real estate transaction.
February 14, 2025 at 5:03 PM
A boundary survey is unique because it is the only document that can identify both title and boundary issues- or a sort of way to reconcile the two making the survey the most important service in any real estate transaction.
For example: encroachments are both a title and boundary issue- like dealing with a house with a roof overhang over the limit. A surveyor will show where the overhang is in relation to the boundary but a lawyer will take steps to correct it- either with an easement or similar sort of agreement.
February 14, 2025 at 5:03 PM
For example: encroachments are both a title and boundary issue- like dealing with a house with a roof overhang over the limit. A surveyor will show where the overhang is in relation to the boundary but a lawyer will take steps to correct it- either with an easement or similar sort of agreement.
Land surveyors are responsible for determining what and where the boundaries are but might not be able to actually resolve an issue since this typically requires lawyers too which is why most property related issues require both surveyors and lawyers.
February 14, 2025 at 5:03 PM
Land surveyors are responsible for determining what and where the boundaries are but might not be able to actually resolve an issue since this typically requires lawyers too which is why most property related issues require both surveyors and lawyers.
A boundary is the physical limit on the ground. Where is the actual corner? Is it marked by fences, walls, trees, etc? Boundary problems include easement disputes, adverse possession, survey disagreements, and lots more.
February 14, 2025 at 5:03 PM
A boundary is the physical limit on the ground. Where is the actual corner? Is it marked by fences, walls, trees, etc? Boundary problems include easement disputes, adverse possession, survey disagreements, and lots more.
Typical title problems include liens, misdescriptions caused by incorrect transfers or typos, and fraud. Lawyers are responsible for determining who has title and fixing with dealing with any problems associated with it.
February 14, 2025 at 5:03 PM
Typical title problems include liens, misdescriptions caused by incorrect transfers or typos, and fraud. Lawyers are responsible for determining who has title and fixing with dealing with any problems associated with it.
Title refers to the legal right to own the land. It is a paper right only and is described by a legal description registered on the property. The title is associated with an owner who has claim to the land and, usually, the right to transfer to another.
February 14, 2025 at 5:03 PM
Title refers to the legal right to own the land. It is a paper right only and is described by a legal description registered on the property. The title is associated with an owner who has claim to the land and, usually, the right to transfer to another.
A licensed Ontario Land Surveyor can describe what you own by preparing a survey of your property and can even stake out the limits of any easements on the ground if necessary.
January 30, 2025 at 12:50 AM
A licensed Ontario Land Surveyor can describe what you own by preparing a survey of your property and can even stake out the limits of any easements on the ground if necessary.
The rights and obligations described in any easements registered on a property are usually transferred to the new owners when the property is sold so when buying a new property it's a good idea to obtain an up to date survey that will show the location of any existing easements on the property.
January 30, 2025 at 12:50 AM
The rights and obligations described in any easements registered on a property are usually transferred to the new owners when the property is sold so when buying a new property it's a good idea to obtain an up to date survey that will show the location of any existing easements on the property.
An easement often restricts your ability to build anything on the land on the easement area since that will likely impede on the rights of whoever owns the easement. For example, you would not be able to build a pool if the cable company has an easement to install buried wires.
January 30, 2025 at 12:50 AM
An easement often restricts your ability to build anything on the land on the easement area since that will likely impede on the rights of whoever owns the easement. For example, you would not be able to build a pool if the cable company has an easement to install buried wires.
An easement is a right that another person or company has over your land. For example, your neighbour could have an easement over a portion of your property to gain access to their property, like a shared driveway.
January 30, 2025 at 12:50 AM
An easement is a right that another person or company has over your land. For example, your neighbour could have an easement over a portion of your property to gain access to their property, like a shared driveway.
A licensed Ontario Land Surveyor can describe what you own by preparing a survey of your property and can even stake out the limits of any easements on the ground if necessary.
January 30, 2025 at 12:46 AM
A licensed Ontario Land Surveyor can describe what you own by preparing a survey of your property and can even stake out the limits of any easements on the ground if necessary.
The rights and obligations described in any easements registered on a property are usually transferred to the new owners when the property is sold so when buying a new property it's a good idea to obtain an up to date survey that will show the location of any existing easements on the property.
January 30, 2025 at 12:46 AM
The rights and obligations described in any easements registered on a property are usually transferred to the new owners when the property is sold so when buying a new property it's a good idea to obtain an up to date survey that will show the location of any existing easements on the property.
An easement often restricts your ability to build any structure on the land over the easement area since that will likely impede on the rights of whoever owns the easement. For example, you can't build a pool if the cable company has an easement to install buried wires along half of your backyard.
January 30, 2025 at 12:46 AM
An easement often restricts your ability to build any structure on the land over the easement area since that will likely impede on the rights of whoever owns the easement. For example, you can't build a pool if the cable company has an easement to install buried wires along half of your backyard.
An easement is a right that another person or company has over your land. For example, your neighbour could have an easement over a portion of your property to gain access to their property, like a shared driveway.
January 30, 2025 at 12:46 AM
An easement is a right that another person or company has over your land. For example, your neighbour could have an easement over a portion of your property to gain access to their property, like a shared driveway.
More complicated issues could require an adverse possession or prescriptive rights claim or even a Boundaries Act application. Be aware that these can be lengthy and costly processes, so it’s generally best to exhaust other options first.
December 18, 2024 at 4:08 PM
More complicated issues could require an adverse possession or prescriptive rights claim or even a Boundaries Act application. Be aware that these can be lengthy and costly processes, so it’s generally best to exhaust other options first.
Finally, you can file a lawsuit to resolve the boundary dispute formally. There are different options depending on the circumstances. If the issue is a simple encroachment a simple cease and desist letter could suffice.
December 18, 2024 at 4:08 PM
Finally, you can file a lawsuit to resolve the boundary dispute formally. There are different options depending on the circumstances. If the issue is a simple encroachment a simple cease and desist letter could suffice.
Legal Action. If you can’t reach an agreement, mediation might be an option. A neutral third party can help you both find common ground without going to court.
December 18, 2024 at 4:08 PM
Legal Action. If you can’t reach an agreement, mediation might be an option. A neutral third party can help you both find common ground without going to court.
Consider a Boundary Agreement. If you and your neighbour agree on the boundaries after a survey, put it in writing. A lawyer can file the proper applications and the new survey can be deposited in your local records office. In ON, this would be a reference plan deposited in the Land Titles office.
December 18, 2024 at 4:08 PM
Consider a Boundary Agreement. If you and your neighbour agree on the boundaries after a survey, put it in writing. A lawyer can file the proper applications and the new survey can be deposited in your local records office. In ON, this would be a reference plan deposited in the Land Titles office.
Only licensed surveyors can provide an opinion about a boundary and they will quickly assess if your current documents are good enough to solve the problem at hand. If not, they will need prepare a new survey.
December 18, 2024 at 4:08 PM
Only licensed surveyors can provide an opinion about a boundary and they will quickly assess if your current documents are good enough to solve the problem at hand. If not, they will need prepare a new survey.
Get a Survey. If you can't interpret the documents (or don't have any) and your neighbour has a different opinion on the boundary location you need to hire a licensed surveyor.
December 18, 2024 at 4:08 PM
Get a Survey. If you can't interpret the documents (or don't have any) and your neighbour has a different opinion on the boundary location you need to hire a licensed surveyor.