DISPUTES WITH NEIGHBOURS

On Real Estate Law for residents in Canada  

Unlike communities’ years ago, communities today are less like family members and disputes do arise frequently. A neighbor dispute can be regarding party walls, boundary disputes or right to light. It is always advisable to check the title, deed, applicable restrictive covenants, local zoning ordinances, and state laws before you build, expand, demolish, or remodel your property. It should be remembered that neighbors have the right to your compliance with the law.

Boundary disputes

In case of a boundary dispute matters can be resolved to a great extent if a surveyor is appointed to survey the property, boundaries and encroachments. A specialist can look into all aspects of the problem and advise whether there is a legitimate case or not.

Chartered surveyors specializing in boundary disputes, party walls and rights to light are the professional advisers with the relevant knowledge of both property issues and the law.  They are able to examine the problem, prepare technical data that may help resolve the dispute at an early stage and, if necessary, provide a court with the advice needed to make a fair judgment.

Some common types of boundary disputes are:

• Encroachments such as fences or structures that cross over

   to a neighbor's property line

• Improvements such as added structures that are incompatible

   with the use and enjoyment of a neighbor's property

• Incompatible uses that rise to the level of a nuisance (for

   instance, excessive noise, smells, bright lights, zoning

   problems)



Noise Levels

Noise levels can also cause havoc between neighbors and escalate disputes. If the noise levels get out of control and the parties are unable to resolve the conflict, there are a few avenues that can explore in an effort to remedy the problem. A report to the local police of the neighbours can be made, for excessive noise, as there are certain protections in the Criminal Code. In addition, the local municipality can be contacted as most have enacted laws to prohibit and regulate noise.



Tree disputes

Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible.

Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.

Resolving neighbor disputes at a glance:

• It is important to talk to the neighbors politely as many

   disputes can be resolved by mutual agreement.

• If there is property-related grievance against neighbors, it is

   better to take professional advice from a chartered surveyor

   before seeking legal redress.

• It is always better beforehand to consider the cost of legal

   action before going to court as there are other types of

   dispute resolution to consider first.