Neeraj Moolchandani is a top real estate agent in Markham, Ontario.

Neeraj and the Kaizen Real Estate Team, one of the teams Markham homeowners trust long after closing, often see boundary questions come up during a sale. Sorting them out early protects your value and your relationships.

Step 1: Confirm the Line

• Find your existing survey, often in your closing documents from your lawyer.
• If there is none, or it is old, hire an Ontario Land Surveyor.
• Only a licensed surveyor can mark the boundary on the ground.
• A Surveyor's Real Property Report shows the lot and where structures sit.

Fences

• Markham allows backyard and side yard fences up to 1.8 metres, and front yard fences up to 1.2 metres.
• A fence is not proof of the boundary. Fences are often built slightly off the line.
• Talk to your neighbour before replacing a shared fence, and put cost sharing in writing.
• Some Ontario municipalities use fence viewers under the Line Fences Act to divide fence costs. Ask the City whether that process applies.

Trees

• A tree with its trunk on the boundary is jointly owned under Ontario's Forestry Act. Harming it without your neighbour's consent can be an offence.
• You can usually trim branches and roots that cross onto your land, but only to the line, and without killing the tree.
• Markham protects trees 20 cm or more in diameter on private property, so removal usually needs a City permit, plus your neighbour's consent for boundary trees.

Driveways and Encroachments

Shared or widened driveways are common sources of dispute. In Markham, most land is registered under Ontario's Land Titles system, where long use alone generally does not give a neighbour ownership of your land. Still, document any agreement in writing and register formal rights where needed. Our easements guide explains rights of way and shared driveways.

How to Resolve It

1. Gather your survey, photos, and any past agreements.
2. Talk to your neighbour calmly and share the facts.
3. Put any agreement in writing, ideally reviewed by a lawyer.
4. Consider mediation if talks stall.
5. As a last step, Small Claims Court can award money up to $50,000. Removing a structure needs a court order from the Superior Court.

Never remove a neighbour's fence or cut a boundary tree yourself, even if you believe the survey supports you.

When You Buy or Sell

• Buying: ask for the survey, and have your lawyer review title. Look for fences, sheds, or driveways that seem off the line.
• Selling: sort out known boundary issues before you list, and be honest about them. See our seller disclosure guide.