Legal Question in Real Estate Law in Canada
Unorganized Land Issues
We own a cottage in Ontario that has recently been
surveyed by an overzealous new neighbour. We know
that the survey is incorrect, because we know where the
original pegs are placed....it differs quite drastically. A
road has been built 60 years ago by the area residents
to access their cottages...from our cottage to the road is
about 15 feet of property that our neighbour is claiming
as his.....he wants to convert into a parking lot. Our log
cabin cottage is 100 years old...and we find it hard to
believe that he can do this, if the land is in fact
his.....that land was given up 60 years ago...and it has
been grandfathered ever since. Any advise?
1 Answer from Attorneys
Re: Unorganized Land Issues
There is significant information missing to give a complete answer. If you believe a survey is incorrect, get another one. If the issue is important to you, you should be prepared to pay an additional sum to your surveyor so that they actually do historical review of the records for the lot and re-peg the property, or at least confirm from independent sources the location of existing pegs. If the land isn't yours, you might be able to claim a prescriptive right (squatter's rights) but I doubt it in Ontario.
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