Encroachment

Understand what encroachment means in Canadian real estate, how it affects transactions, and what steps owners can take to resolve property boundary issues.

Encroachment

May 22, 2025


What is an Encroachment?

An encroachment occurs when a structure or improvement extends onto a neighbouring property or public land without legal permission.

Why Encroachment Matters in Real Estate

In Canadian real estate, encroachments are common issues discovered during title searches or surveys. They can involve fences, garages, decks, or even driveways crossing into adjacent lots.


Encroachments can lead to:
  • Legal disputes between neighbors
  • Complications in title transfer or mortgage approval
  • Municipal enforcement or orders for removal


Encroachment agreements or easements can be negotiated to resolve the issue, but lenders and buyers may require them to be addressed before closing.

Understanding encroachment helps buyers, sellers, and property owners identify and resolve boundary issues early in the transaction.

Example of Encroachment in Action

A fence built over the property line is flagged in the Certificate of Location. The seller obtains an encroachment agreement with the neighbor before closing.

Key Takeaways

  • Involves structures crossing property lines.
  • Can delay or block real estate closings.
  • May require agreements or legal remedies.
  • Found through surveys and title review.
  • Important to address before sale.

Related Terms

  • Property Survey
  • Certificate of Location
  • Easement
  • Zoning
  • Title Transfer

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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