How do Markham homeowners resolve a property line dispute with a neighbour?Start with facts, not the fence. Your property line is set by registered title and plans, not by where a fence or hedge sits, and only a licensed Ontario Land Surveyor can confirm it on the ground. A tree whose trunk grows on the line is owned by both neighbours under Ontario’s Forestry Act, so neither can remove or injure it without the other’s consent. Under the Land Titles system, using a neighbour’s land for years generally does not give you ownership. Most disputes are settled with a survey, a calm written conversation and, if needed, mediation.
A few inches of land can cause a lot of stress between neighbours. Fences, trees, driveways and additions are the most common sources of disagreement.
Michael John Lau, a REALTOR® with the Kaizen Real Estate Team, one of the most active real estate teams in Markham and York Region, sees how boundary issues can affect a sale, and encourages owners to resolve them early with clear information.
Common disputes
| Issue | What usually decides it |
|---|---|
| Fence in the wrong place | A current survey of the lot line |
| Shared fence costs | Agreement between neighbours, or the Line Fences Act where the municipality uses it |
| Boundary tree | Ontario’s Forestry Act: shared ownership if the trunk is on the line |
| Overhanging branches or roots | Generally can be cut back to the line, without harming the tree |
| Shared driveway | Any registered right-of-way and its exact dimensions |
| Structure over the line | Survey, then agreement, easement or court order |
Start with a survey
Boundaries are fixed by registered plans and title. A licensed Ontario Land Surveyor can locate the line and prepare a Surveyor’s Real Property Report, which also shows buildings, fences and encroachments. An older survey may still help, but changes since then, such as new fences or additions, will not appear.
Boundary trees
Under section 10 of Ontario’s Forestry Act, a tree whose trunk grows on the property line belongs to both owners, and injuring or destroying it without consent is an offence. In Hartley v. Cunningham (2013), the court looked at the whole trunk, not just the base. A City of Markham tree permit does not replace your neighbour’s consent. Trees 20 cm or more in diameter also need a City permit to remove.
Selling a home with a boundary question?
Michael John Lau can help you understand how it may affect buyers and what to resolve first.
Book a consultationSearch Markham homesPrefer to talk? Call the Kaizen Real Estate Team at (647) 370-8885.
Fences
- Markham’s fence by-law allows rear and side yard fences up to 1.8 m, and 1.2 m in front yards and the street side of corner lots.
- Agree on location and cost in writing before building.
- Ontario’s Line Fences Act provides a fence-viewer process for cost disputes in municipalities that use it; check with the City.
Long use is not ownership
Most Markham land is in Ontario’s Land Titles system. Under the Land Titles Act, years of using part of a neighbour’s yard generally do not give you title to it. Informal arrangements may not survive a sale, so get them in writing or registered. See easements, rights-of-way and shared driveways.
Steps to resolve a dispute
- Get a current survey.
- Take photos and keep notes.
- Talk to your neighbour calmly, then follow up in writing with the survey.
- Check City by-laws for fences, trees and grading.
- Try mediation if you cannot agree.
- Speak with a lawyer before removing anything; self-help can lead to a damages claim.
If you are buying or selling
Buyers should ask for a survey and look for fences or structures that cross lot lines. Title insurance can cover some survey issues. Sellers should resolve known disputes before listing or disclose them through their lawyer. Ultimately, the decision is yours. The goal is to make sure you have all the information before acting.
A survey and a calm conversation solve most boundary problems. Call the Kaizen Real Estate Team at (647) 370-8885 or book a consultation.
Frequently asked questions
Who owns a tree on the property line in Ontario?
Both neighbours, if the trunk grows on the line, under section 10 of the Forestry Act.
Can I cut branches hanging over my property?
Generally you can trim back to the line, as long as you do not harm the tree. Check City rules first.
How do I find my exact property line?
Hire a licensed Ontario Land Surveyor. Fences and hedges do not decide where the line is.
Can my neighbour claim my land by using it for years?
Under the Land Titles system, long use generally does not create ownership. Ask a lawyer about your property.
How high can my fence be in Markham?
Up to 1.8 m in rear and side yards, and 1.2 m in front yards and the street side of corner lots.
What if my neighbour built over the line?
Get a survey, raise it in writing and try mediation. Do not remove anything yourself; speak with a lawyer.
Michael John Lau and Neeraj Moolchandani are licensed REALTORS® with the Kaizen Real Estate Team, eXp Realty, Brokerage, 9763 Markham Rd, Markham, ON L6E 1A4. Licence #4784577. Call (647) 370-8885. Boundary tree, fence-viewer, adverse possession and survey points are as summarized by Nihang Law (September 16, 2026). Fence and tree permit rules are from the City of Markham (By-laws 277-97 and 2023-164). This is general information, not legal advice. This article is general information only and is not financial, legal or tax advice. Not intended to solicit buyers or sellers currently under contract with another brokerage.
