The old adage "good fences make good neighbours" remains as true today as it has over the past centuries.

Now that our harsh winter is over we are in our yards again enjoying the Ottawa summer, tending our gardens and thinking about replacing or repairing our fences (especially our wood fences).

What if you were planning on replacing your fence – which you know has been in existence for 30 years – and your neighbours announced that your fence has been located two feet on their property all those years and that your new fence would have to now be placed on your property line so the neighbours can have back the use of those two feet? Would moving the fence back to your property line destroy some of your garden or trees, or force you to remove stones or permanent structures? Would the moving of the fence then create a problem on your property so that you did not comply with set back requirements set out in zoning bylaws?

You have heard of some right that people might acquire over property they have used for a long period but don't own but you are not really sure how that works. People talk about squatter's rights, adverse possession, possessory title but it is not clear when any of that applies. You have read that most of the properties in Ottawa have been converted from the registry system to the land titles system. There have been published commentaries that possessory title (meaning gaining title to property not owned by you through use under certain conditions) does not apply to properties in the land titles system.

You wonder how you would even determine where your property line falls as the "expert" advice you received at the time of buying your property five years ago was that you did not need a survey because you were purchasing title insurance. How is your title insurance now going to help you now?

Your neighbours are also complaining that a limb from your tree overhangs onto their property and they want you to remove the limb even though that will damage or kill your tree. Can they make you cut off the tree limb even though the tree may die?

They say your hedge is too high and cuts off their sunlight which is detrimental to their garden. Do those neighbours have a "right to light?"

What can you do after spending many sleepless nights weighing your desire to maintain your beautiful property in its present state against ruining your good relationship with your neighbours? You have heard of neighbours who do not speak to one another because of disputes relating to matters such as these, or neighbours who actually yell at one another.

When examined in isolation these problems appear to be insurmountable.

These problems are something an expert real estate lawyer can help you find your way through very quickly. That expert lawyer will provide you with a legal opinion on the issues and will discuss with you a way to present a solution to your neighbours that will let everyone live happily ever after.

Sally H. Burks

613-566-2840

sburks@perlaw.ca