That is because in most common law jurisdictions like Ontario, the law will not concern itself with trifles (de minimus non curat lex). The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. Nuisance as Harassment by Neighbour Involves Conduct Inflicted to Cause Annoyance and Disturbance. What Is a Restraining Order? Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty … If the neighbour continues the nuisance, the municipality can prosecute for violation of the by-law. The tort of nuisance is a flexible concept in law and may be applied to situations where a neighbour interferes in the reasonable enjoyment of property due to harassing behaviour. Source law Year: All 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Public statutes as enacted Private statutes as enacted Regulations as filed In Ontario, a restraining order is a legal document that places limitations on your current spouse or partner or your former spouse or partner in the event that … While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries.. The court can do one of three things: Order removal. The “encroaching owner” must dismantle any part of the fence that is enclosing the neighbour’s land. Line fences mark the boundary between abutting properties. Read on to learn about getting a restraining order against a harassing neighbour. The Line Fences Act never mentions livestock! Similarly, even where you are prepared to invest your money in a lawsuit against your neighbour, there is a possibility that the "principle" at stake is still not actionable. The issue came to a head in an East Vancouver neighbourhood when Dawn Dunkurley realized her neighbour had several video cameras trained at her street and her home. 1990, Chapter S29. Approach your neighbour. Grant an easement. The law recognises that, as boundaries are described in the earliest title deed relating to either of the properties and that the descriptions can sometimes be ambiguous, then the neighbouring landowners can agree the exact line of the boundary for the purpose of clarifying the ambiguous description. In some cases, such as with noise or odours, your municipality may have by-laws to protect you. Government ministries or agencies enforce statute law. The encroaching owner is allowed to keep the fence where it is. Under BC law, either neighbour can apply to court for a resolution. Protect Your Boundaries Inc. is a licensed member of the Association of Ontario Land Surveyors, and is entitled to provide cadastral surveying services to the public of the Province of Ontario in accordance with the provisions of the Surveyors Act R.S.O. May 31, 2019 / in Law Review / Tags: Neighbor Encroaching on Property, Prescriptive Easement, Without Permission by Crysta Dwyer A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. How are drainage problems solved? If so, your second option is to contact the municipality and have them enforce the by-law, which will force your neighbour to stop the nuisance. If you are unable to reach an agreement with your neighbour and want to determine your legal rights, you should contact a lawyer. If no statute law applies to or governs the drainage problem with your neighbour, there is no means for any ministry or department of the federal, provincial or municipal governments to enforce anything.