Buying a home in Ontario is an exciting milestone, but it’s also a legal and financial commitment that comes with responsibilities many buyers don’t fully anticipate. Beyond price, location, and layout, there are several legal and structural details that can significantly affect ownership, future resale, and peace of mind. One of the most overlooked—but important—considerations is how property boundaries are respected and what happens when they aren’t.
Understanding these issues before you buy can help you avoid costly surprises after closing.
Property Boundaries Are Not Always What They Appear to Be
Many buyers assume that fences, driveways, sheds, or landscaping accurately reflect property lines. In reality, these features are often placed for convenience rather than precision. Over time, small boundary assumptions can turn into significant legal issues.
Property boundaries in Ontario are legally defined by surveys and land title records, not by physical markers on the ground. What looks like a minor overlap can still be legally significant, especially when ownership changes hands.
Encroachments Are More Common Than You Think
An encroachment occurs when a structure or improvement extends onto neighbouring land or municipal property. This can include fences, decks, driveways, garages, roof overhangs, air conditioning units, retaining walls, or even permanent landscaping features.
Encroachments are common in both older neighbourhoods and newer developments, particularly where lots are narrow or homes are built close together. While many encroachments exist peacefully for years, they can quickly become a problem during a sale, renovation, or dispute.
For buyers, the key concern is not whether an encroachment exists, but whether it has been properly addressed.
Why Encroachments Matter When Buying a Home
If you purchase a property with an unresolved encroachment, you may inherit the problem along with the home. That can mean limitations on renovations, difficulty obtaining permits, complications with financing, or even legal disputes with neighbours or municipalities.
In some cases, buyers may be required to remove or modify an encroaching structure at their own expense. In others, they may need to negotiate legal agreements to allow the structure to remain. Either scenario can result in unexpected costs and delays.
Understanding whether encroachments exist—and how they’re handled—should be part of your due diligence before finalizing a purchase.
Encroachment Agreements and Why They Exist
An encroachment agreement is a formal legal arrangement that allows a structure to remain where it crosses a boundary, under specific terms and conditions. These agreements clarify access rights, maintenance responsibilities, and what happens if the structure needs to be repaired or removed in the future.
For buyers, an existing encroachment agreement can provide certainty. It shows that the issue has been acknowledged, documented, and legally addressed. Without such an agreement, an encroachment remains a potential risk.
Not all encroachments can be resolved this way, and not all agreements are equal. Buyers should understand exactly what the agreement permits and whether it is registered on title.
Surveys and Due Diligence Are Essential
A current survey is one of the most valuable tools a buyer can rely on. Surveys show the true legal boundaries of the property and identify any encroachments or boundary issues before they become your responsibility.
Skipping this step or relying on outdated information can leave buyers exposed. What wasn’t a concern for the seller may become a problem for the new owner, especially if plans include renovations or additions.
Careful review of survey documents and title information is a critical part of buying with confidence.
Encroachments Are Only One Piece of the Puzzle
Encroachments are just one example of why buyers need to look beyond cosmetic features. Other important considerations include zoning restrictions, easements, shared access rights, and municipal bylaws that affect how the property can be used.
Understanding these elements upfront helps buyers make informed decisions and avoid surprises after closing. A home may look perfect on the surface, but legal constraints can shape what you’re able to do with it long-term.
The Value of Professional Guidance
Real estate transactions involve layers of legal detail that aren’t always obvious to buyers. Professionals such as real estate lawyers and surveyors play a crucial role in identifying issues early and explaining their implications clearly.
Asking the right questions before closing—about boundaries, encroachments, and title conditions—can save buyers from stress, delays, and financial loss later.
Final Thoughts
Buying a home in Ontario involves more than choosing the right neighbourhood or negotiating a price. Understanding property boundaries, recognizing potential encroachments, and knowing how those issues are handled are essential steps in protecting your investment.
Encroachments may seem like minor technicalities, but they can have real consequences if ignored. Taking the time to review surveys, understand title conditions, and address issues before closing allows buyers to move forward with clarity and confidence—setting the foundation for secure, stress-free homeownership.
