In any Toronto real estate transaction, a land survey is sometimes overlooked. A recent story in the Toronto Star about two neighbours who shared a mutual driveway between them reiterates the importance of getting a land survey and understanding property boundaries before purchasing or selling a home.
According to a land survey from over 50 years ago, the shared space between the home is actually divided 25/75 and the neighbours with the larger share have since blocked the other homeowners’ access to the driveway.
TORONTO HOME BUYERS AND HOME SELLERS SHOULDN’T OVERLOOK IT
The couple who recently moved in next door actually owns most of the two homes’ formerly-shared the driveway and is now forbidding the other couple from using the driveway they’ve used for the past 33 years, which also connects to their garage
In building Ontario, land surveys used to be called a surveyor’s real property report, and these can be fairly outdated as the province slowly switches over to the newer provincial Land Title system. The older Land Registry laws would have allowed the neighbor who has used the driveway for so long to keep using it, however, the Ontario Land Title system effectively takes this right away.
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A land survey is very important as Toronto’s neighbourhoods
A similar case in Nova Scotia was also mentioned, where a driveway was amicably shared between two neighbors, even though one neighbor was only entitled to 3 feet and the other was entitled to 8 feet. Those with only 3 feet built a fence and prevented the other neighbours from using the driveway. This case led to expensive court proceedings and litigation, which can easily be avoided by conducting a land survey.
A land survey is very important as Toronto’s neighborhoods are filled with homes that share driveways. Professional land surveys use historical records and research as well as measuring to accurately determine where someone’s property boundaries are for the steel frame buildings. This will ensure that both the buyer and seller know exactly what is changing hands during any real estate transaction.
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