Problems with Alignment During Construction


Client loves a home that is under construction. The home is vacant and half finished.

During our due diligence it turns out that

the addition on the back of the home failed an inspection,

the north wall is on a slight angle (shouldn’t be) and is on and slightly over the property line by 13cm x 10 feet (houses are inches apart,

1880 original buildings in downtown Toronto and may as well be attached).

City says:

1) rip it down (20 feet long, 3 stories high and interior floors, slab, foundation, windows are complete) or

2) go to committee of adjustments and try to get it pushed through as a zoning variance of some sort.


This is a difficult situation. Pay the neighbour for a sliver of land and register an easement.

It does sound like there may have been a prescriptive easement here, certainly if they have been like that since 1880.

The Committee of Adjustment route with the cooperation of the neighbor is likely the best solution.

Brian Madigan LL.B., Broker

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