Encroachment Agreement in Toronto: Everything You Need to Know
If you`re a property owner in Toronto, you may have come across the term «encroachment» at some point. Encroachment occurs when a property owner extends their property beyond their own lot line and onto a neighboring property. This can cause a range of issues, from disputes between neighbors to legal complications.
To manage encroachment, the City of Toronto requires property owners to sign an encroachment agreement. In this article, we`ll cover everything you need to know about encroachment agreements in Toronto.
What is an Encroachment Agreement?
An encroachment agreement is a legal document that outlines the terms and conditions for a property owner to encroach onto a neighboring property. This agreement defines the exact area of the encroachment, the duration of the agreement, and the indemnification clauses that protect the parties involved from any future damages or disputes.
In Toronto, encroachment agreements are typically required for two types of encroachments:
1. Minor Encroachments: These are small encroachments that do not significantly impact the neighboring property. For example, a fence or a shed that extends a few inches beyond the lot line.
2. Major Encroachments: These are larger encroachments that can significantly impact the neighboring property. For example, a deck or a garage that extends onto the neighboring property.
Why Do You Need an Encroachment Agreement?
Without an encroachment agreement, property owners risk legal disputes and liability for any damages that may arise from the encroachment. The agreement ensures that both parties understand the terms and conditions of the encroachment, and protects them from future disputes or damages.
Additionally, the City of Toronto requires encroachment agreements for any encroachments on city-owned property, such as sidewalks or curbs. Failure to obtain an encroachment agreement can result in fines and penalties.
How to Obtain an Encroachment Agreement
To obtain an encroachment agreement in Toronto, property owners must follow these steps:
1. Hire a Surveyor: A surveyor will determine the exact lot lines and the extent of the encroachment.
2. Submit an Application: Property owners must submit an encroachment agreement application to the City of Toronto, along with the surveyor`s report and any other relevant documents.
3. Negotiate the Agreement: The City of Toronto will review the application and negotiate the terms of the agreement with the property owner.
4. Sign the Agreement: Once the terms are agreed upon, the encroachment agreement is signed by both parties.
In conclusion, encroachment agreements are necessary for property owners in Toronto to ensure legal compliance and avoid disputes. If you`re planning an encroachment, it`s important to consult a surveyor and follow the proper application process to obtain an encroachment agreement.