Property Encroachments


My friend just had a survey done, for the purpose of putting a fence up, and found out the carport and driveway next door extend 15 ft.on his property.

What if anything can be done about this?


First question is whether or not the property is in Land Titles. If so, when did it change over? Any accrued rights of adverse possession (10 years) or prescriptive easements (20 years) are grandfathered when the property was in Registry.

The legal right to steal someone else’s real property only applies in the Registry system. Land Titles was invented to prevent this.

Brian Madigan LL.B., Broker

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