Encroachment on your residential land following your purchase: what to do?
- coraliefortin076
- Sep 1
- 8 min read
Acquiring residential land, whether to build your dream home, a cottage, or a garage, is an important step. However, it may happen that, shortly after the purchase, you discover that part of your residential land endure encroachment upon by a neighbor, whether by a fence, a building, or another structure. This type of situation can become a source of conflict and legal complications. At Plan Maison Québec, we support our clients not only in creating construction plans, but also in understanding the intricacies of their land to avoid unpleasant surprises.
In this article, we explain in detail what an encroachment is, your rights, and the possible steps to resolve this delicate issue.
Understanding Encroachment: Definition and Common Situations
In the real estate context, encroachment occurs when a portion of a person's property physically encroaches on a neighbor's land without their permission. This encroachment can be intentional or accidental and takes various forms. For example, a fence installed beyond the cadastral boundary, a shed built on the neighbor's land, or even a hedge that overhangs and occupies a portion of the adjacent property.
For new homeowners, it is often shocking to discover this type of situation shortly after purchasing a property. Yet, encroachment is a fairly common phenomenon, particularly in residential areas where the boundary markers or boundaries are not clearly visible, or in situations where the previous owners did not respect the boundaries.
At Plan Maison Québec, we always emphasize to our clients the importance of carefully checking the boundary markers and boundaries of their property before even beginning to design plans. A good understanding of these limits avoids a lot of hassle later on, particularly when it comes to exterior developments or outbuildings such as a garage or a chalet.
What are your rights in the event of encroachment?
When you are the victim of an encroachment, your rights as a property owner are protected by the Civil Code of Quebec. You have the right to demand the immediate cessation of the encroachment and the restitution of your land, unless a tolerance has been granted or if the encroachment is old enough for the neighbor to claim an acquired right (for example, acquisitive prescription).
It is important to know that the sale of land must guarantee the buyer full ownership of the property, without legal obstacles or encroachments. In other words, the seller is legally required to ensure that the land sold is free from any problems that could interfere with the peaceful enjoyment of the property. This obligation is essential to remember, as it engages the seller's liability if the encroachment existed before the sale and was not disclosed.
At Plan Maison Québec, we strongly recommend that our clients conduct a professional survey before the transaction or, at a minimum, upon taking possession, to identify any potential problems. A land surveyor will be able to confirm the exact boundaries of your land and warn you in the event of encroachment.
Steps to take in the event of an encroachment
If you discover an encroachment on your land, the first step is to communicate with your neighbor. An open discussion can sometimes be enough to resolve the problem amicably. You can ask the neighbor to remove the encroaching structure or item, or negotiate an arrangement, such as the signing of an easement.
If the discussion leads nowhere, it is recommended to consult a land surveyor to draw up a precise boundary plan, accompanied by a technical report that will serve as evidence in the event of a dispute. This document is often essential to support any claim in court.
As a last resort, legal proceedings can be initiated to stop the encroachment. However, this avenue can be lengthy and costly, and its outcome is never guaranteed. It is therefore essential to prioritize dialogue and amicable solutions before reaching this point.
Plan Maison Québec, as part of its services, can direct you to competent professionals, such as surveyors and lawyers specializing in real estate law, in order to secure your construction project and avoid any dispute related to encroachment.
How to prevent encroachment before building?
For those planning to build a house, cottage, or garage on their land, preventing encroachment is a crucial step. It is recommended to hire a land surveyor to clearly mark the property lines before work begins. This avoids mistakes that could lead to costly repairs or lawsuits.
Furthermore, obtaining the necessary permits from municipal authorities is another safeguard. Zoning regulations often determine the required clearances between your building and the property line. By complying with these rules, you minimize the risk of unintentional encroachment.
At Plan Maison Québec, our expertise in designing construction plans systematically includes a verification of site constraints and local planning regulations. We work in collaboration with authorities and surveying professionals to ensure your construction is compliant, legal, and free of encroachment.
What to do in the event of old or tolerated encroachment?
Sometimes encroachments have been tolerated for a long time, sometimes decades, without any challenge from the affected owners. In this case, the concept of acquisitive prescription may apply. This rule allows a neighbor who has occupied or used a portion of the land for a certain period of time (often 10 years in Quebec) without opposition to become the legal owner of that portion.
This complicates the situation for the original owner, who may lose all recourse if the encroachment is deemed to have been acquired. It is therefore crucial to act quickly upon discovery of an encroachment to prevent the situation from becoming entrenched.
Plan Maison Québec recommends that its clients never ignore this type of problem, even if it seems minor. Prompt intervention can often prevent serious legal consequences.
The procedure for purchasing residential land: key steps to know
Acquiring land is a crucial step in any construction project, whether it's a house, a cottage, or a garage. To secure your investment and avoid setbacks like encroachment, it's essential to fully understand each step of the process. At Plan Maison Québec, we insist on a methodical and informed approach, which guarantees you a solid and stress-free project.
1. Land research and selection: a strategic choice
Finding the ideal lot isn't just about finding a vacant space. It must take into account many essential criteria that will influence not only the cost, but also the feasibility and future quality of life. First, location is essential: proximity to schools, shops, access to main roads, but also the orientation of the lot to benefit from good sunlight.
Analysis of the terrain, soil type, and vegetation is also crucial. For example, sloping or rocky land may require costly earthworks or specific foundations. At Plan Maison Québec, we recommend carefully assessing these aspects during the visit, ideally with the help of a professional who can guide you.
Checking access to essential services such as drinking water, electricity, the sewer system, or internet is an often overlooked step. An isolated lot can result in additional costs for these installations, impacting the overall budget.
Finally, consulting municipal zoning regulations is essential. They define permitted uses (residential, commercial, agricultural), maximum building heights, minimum setbacks to be respected in relation to the boundaries of the land, and may limit certain projects. This information is available from the municipality or via urban planning departments. Plan Maison Québec systematically integrates these constraints into the development of plans that comply with local regulations.
2. Legal and technical verification: securing property
Before any transaction, it is essential to carry out rigorous checks. A fundamental first step is to ensure that the seller has the capacity to transfer land to you free of encumbrances and without disputes.
Land surveying and demarcation are at the heart of this verification. Hiring a land surveyor allows for precise determination of the land boundaries, based on cadastral surveys and the location certificate. This official plan serves as an indisputable reference in the event of a future dispute, particularly to avoid encroachment. It also reveals existing easements, which are rights granted to a third party (neighbor, municipality) to use part of your land, for example, for a passage or pipeline.
Beyond the survey, consulting the legal documents relating to the land is essential. These documents, generally available at the land registry office, provide information on mortgages, liens, rights of way, and specific restrictions (e.g., environmental protection).
At Plan Maison Québec, we insist that our clients entrust this step to experienced professionals to avoid subsequent legal complications that could stall or delay construction.
3. Negotiating and signing the purchase offer: formalizing the agreement
After selecting the land and confirming its compliance, comes the delicate negotiation stage. This phase must be conducted with care, as it determines the success of the purchase.
The purchase offer must be precise and include all necessary conditions precedent, including obtaining a building permit, approval of the subdivision plan, and the exclusion of any undeclared easements. This document is binding on both the buyer and the seller and must therefore be carefully drafted.
Consulting a notary or specialized lawyer is strongly recommended. These experts can advise you on the validity of the clauses, verify the documents, and anticipate potential legal issues.
At the same time, it is useful to include a clause allowing for the preparation of an updated location certificate, which can confirm that the land complies with the agreement before the final signature.
4. Transfer of ownership and taking possession: securing your property
Once the offer is accepted and all conditions are met, the transaction is finalized before a notary. The notary's role is crucial: they ensure that all legal formalities are complied with, that the transfer of ownership is validated, and that the rights are properly transferred without any hidden defects.
After signing, it is strongly recommended to obtain a new certificate of location if the existing one is old. This document allows you to verify that nothing has changed since the last inspection, that any constructions respect the boundaries, and that there are no encroachments.
At Plan Maison Québec, we support our clients throughout this phase, particularly in collaboration with land surveyors and legal experts, to ensure that land ownership is secure and the project can begin smoothly.
5. Integration with Plan Maison Québec: design at the service of your land
Becoming a homeowner is the first concrete step in your construction project. However, it is essential to integrate all the data relating to your land (exact dimensions, legal constraints, zoning) into the design of the plans.
At Plan Maison Québec, we make it a point to adapt each plan to the specific characteristics of the site. This includes taking into account required setbacks from boundaries, optimal orientation for natural light, integration into the landscape, and compliance with municipal by-laws.
Thanks to this approach, we significantly limit the risks of encroachment or non-compliance. Furthermore, our team can advise you on the best solutions for converting a garage or cottage, while enhancing the value of your real estate investment.
Conclusion : residential land encroachment
Purchasing land is a major investment, and discovering an encroachment can quickly turn this dream into a nightmare. To avoid these inconveniences, it's essential to fully understand your rights and the steps to follow. Proper preparation, a thorough verification of property lines, and collaboration with qualified professionals are the keys to success.
At Plan Maison Québec, we put all our expertise at your service to assist you in designing plans perfectly adapted to your land, while ensuring compliance with applicable standards and regulations. Our network of qualified professionals also provides comprehensive support, from surveying to managing potential conflicts.
Don't let an encroachment compromise your project.
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