Surveys, Easements, and Boundaries: Real Estate Lawyer Tips for London ON

17 December 2025

Buying or selling property in London, Ontario is usually exciting. It can also be deceptively technical. The legal map under your lawn might not match the fence you see. A shared driveway that has “always worked” may not be documented. A garage built twenty years ago could be six inches over the lot line and fine with the municipality, yet still a problem for your lender. I sit with these issues week after week as a real estate lawyer, and I have learned that most stress and cost can be prevented by understanding three quiet pillars of property law: surveys, easements, and boundaries.

This guide walks through the practical side of each, with local context for London and surrounding Middlesex County. It reflects lived experience with closings, title reviews, and disputes that find their way to our desk at Refcio & Associates, a London ON Law firm that handles real estate along with other legal services London residents rely on. Whether you are a first-time buyer, a seasoned investor, or a builder, the same core lessons apply.
Why surveys still matter in a digital land registry age
Ontario’s electronic Land Titles system makes it easy to look up ownership and many charges. It does not, however, put a fence line on your phone. Title documents describe boundaries with bearings and distances. Translating that into the real world requires a professional land surveyor. When people rely on a listing sketch, a neighbor’s word, or a decades-old plot plan, they invite trouble.

I often hear, “The lender didn’t require a new survey, so we figured we were fine.” Sometimes you are. Many lenders accept title insurance instead of a current survey, which shifts certain risks to the insurer. Title insurance is valuable, but it is not a measuring tape. It will not tell you if the new deck sits on your neighbor’s land, and it might exclude issues you could have discovered by commissioning a survey. The policy also does not obligate your neighbor to move their fence.

Two scenarios recur in London. First, corner lots where front yard setbacks and sight triangles make a planned addition noncompliant. Second, older subdivisions in which the original iron bars that mark corners have been disturbed or paved over, and fences were set by eyeballing rather than by measurement. A current survey clarifies the physical facts and can save months of delay with the City if you are seeking permits.

If you own a rural property in Middlesex County, the stakes rise. Acreage boundaries are longer, monuments can be missing, and access may depend on a right‑of‑way that crosses a neighbor’s farm. A survey in these cases establishes not just lines, but the location and width of the traveled lane. Without it, each harvest season becomes a negotiation.
Understanding the types of surveys you will encounter
Survey terminology throws people off. You do not always need the most expensive option, but you should know what each provides and what it leaves out.

An up‑to‑date reference plan (R‑Plan) is a legal instrument deposited on title that shows dimensions and bearings for one or more parts of land. It is a map, not a certification that your buildings sit within those lines. An R‑Plan is invaluable for severances, easements, and planning applications. It also helps orient the lawyer, the municipality, and future surveyors.

A building location survey, sometimes called a surveyor’s real property report, shows the house, garage, decks, fences, and other improvements relative to the lot boundaries. It typically identifies encroachments, easements, and visible utilities. For a homeowner planning an addition or fence replacement, this is the workhorse. It tells you where things actually are.

A topographic survey adds elevation data and is used by architects and engineers to design drainage, grading, and structures. If your project involves altering grades or building near a ravine or conservation area, you will likely need topography.

Lastly, a site plan prepared by a designer or engineer for permit purposes is not a survey, unless it is based on and certified against an actual survey. Municipal reviewers in London regularly swing back with comments when a site plan relies on assumptions about lot lines.

If cost worries you, ask your real estate lawyer to check for an existing survey in the seller’s records or in municipal files. Sometimes we recover a usable plan that a seller forgot in a mortgage application from fifteen years ago. When you do order new work, confirm scope and deliverables with the surveyor in writing, including whether they will mark corners with stakes and provide digital files for your designer.
Easements: the rights you can’t see but must respect
Easements are non‑possessory rights to use someone else’s land for a specific purpose. They live on titles across London. The most common are utility easements, mutual driveways, access over private lanes, drainage, and rear‑yard walkways in townhouse developments. The easement may be located along a boundary or run across the middle of a lot.

Utility easements in London often date back to subdivision registration. They permit the City or a utility company to enter your land to service lines. You typically cannot build permanent structures over these strips. I have seen clients pour a concrete pad for a shed over an easement, only to learn when they sell that their buyer’s insurer requires them to remove it or accept a coverage exception that depresses the sale price. Read the wording. Some easements prohibit trees with invasive roots; others are silent on landscaping but allow excavation at any time.

Mutual driveways are a special breed. Two houses share a driveway straddling the boundary, with cross‑easements allowing both owners to travel and sometimes park. The etiquette of daily life and the legal text do not always align. If the easement is silent on parking, blocking the passage can still amount to interference. Lenders take these seriously because neighbor disputes over driveways have a way of landing in court. If you are buying a home on a mutual, ask your lawyer to review the exact wording and your insurer to confirm coverage, and ask the seller about day‑to‑day arrangements. Small habits, like how snow is piled, matter more than they seem.

Access easements in rural settings require extra scrutiny. Pay attention to width. A ten‑foot right‑of‑way that was fine for a pickup in 1975 may not accommodate modern farm equipment or emergency vehicles. If you plan to build, the fire route width and turning radius may be constrained by the easement, not just your lot size. The practical solution is to negotiate a widening or a shared maintenance agreement with the neighbor, but that takes time and goodwill. If the seller tells you “we’ve always used the west path,” confirm it is the path described on title.

Drainage easements, whether municipal or private, protect flow paths. London’s Stormwater Management Unit will expect new construction to respect those corridors. A client once designed a pool that would have dammed a shallow swale subject to an easement. The fix involved regrading and a small pipe, which the City accepted, but it cost three months and a redesign fee. Had we flagged the easement early, the design would have shifted a few feet.
When boundaries on the ground don’t match the legal line
Boundary discrepancies come in flavors. Pure encroachments are when a physical feature, such as a fence or wall, crosses the legal line. Near‑misses can be as small as a fence post over the boundary by an inch. Surveyors pick these up quickly. The legal consequences depend on scale, timing, and whether anyone objects.

Ontario recognizes that people make mistakes and that lines move a little over time. The Planning Act also restricts conveyances of slivers of land without consent. That is why you often see boundary adjustment severances in older neighborhoods. In practice, most minor encroachments are resolved by one of four tools: move the feature, license it, register an easement, or adjust the lot line through a consent. Each has cost and time impacts. A license can be quick but revocable. An easement provides durable use rights but lives on title and must be carefully drafted to avoid granting more than intended. A consent permanently changes boundaries but requires a municipal process and fees. Your real estate lawyer should walk you through what fits the situation and your risk tolerance.

Do not assume that “grandfathering” solves everything. Municipal zoning and building rules may tolerate an old porch that slightly encroaches into a setback, yet the same porch crossing into a neighbor’s parcel is a private title issue. Your municipality does not arbitrate between owners. Judges do, and very few clients want to fund that trip if they can avoid it.

One boundary dispute I recall involved two backyards in Lambeth where an older survey had been misread during fence construction. Both owners maintained lawns up to the fence for more than a decade. When one went to sell, a new survey showed the fence two feet inside the neighbor’s lot. We negotiated a mutual boundary adjustment and registered a consent. The buyers appreciated the clarity, the neighbor liked the straight line, and the appraisal came back clean. This is a good outcome, but it took coordination among owners, lawyers, a surveyor, and the City’s Committee of Adjustment. Starting that process after a firm sale agreement sets the clock ticking in the worst way.
Title insurance versus a new survey
Title insurance has earned its place in Ontario transactions. It can cover many hidden defects, off‑title work orders, fraud, and certain encroachments that would have been disclosed by an up‑to‑date survey. Premiums are one‑time and modest compared to the property price. It is a valuable safety net.

The catch is in coverage and exclusions. Policies contain exceptions for issues you know about before closing. If a survey you commissioned reveals that your garage is over the line, the insurer will not pay later to cure that encroachment. If you never ordered a survey and no one raised the issue, coverage may exist for loss of value or the cost to address the problem, subject to policy terms. Also, title insurance does not replace municipal approvals. If you need a variance or a consent, you still have to apply.

The best approach blends both. For most residential deals in London, we advise title insurance as a baseline. If you plan to build, or if the property raises any red flags, we also recommend a current building location survey. Think of the policy as financial protection and the survey as a decision‑making tool. Lenders increasingly accept policies instead of surveys, but that is about their security, not your future headaches.
Reading the fine print on easements, restrictions, and agreements
Beyond easements, titles carry other instruments that control how you can use land. Subdivision agreements, site plan agreements, restrictive covenants, and maintenance agreements all appear regularly on London titles.

Subdivision agreements bind current and future owners to obligations such as maintaining grading, prohibiting accessory buildings in certain utility corridors, or contributing to fence costs along arterial roads. A standard term I see is a prohibition on altering established grades. Homeowners innocently add soil to level a yard and later discover water pooling on a neighbor’s lot. The City’s enforcement letter follows. Your obligation flows from the agreement registered on title, not how things looked on closing day.

Restrictive covenants can limit building materials, roof styles, or fence heights in some developments. Even if the City would issue a permit, the private covenant can be enforced by neighboring owners. Many covenants lapse over time or are overtaken by newer planning frameworks, but some remain active. Review them early if you intend to renovate.

Maintenance agreements often accompany shared driveways and private lanes. They describe cost sharing for snow removal, paving, and repairs. The most workable agreements specify how decisions are made and how to resolve stalemates. A vague commitment to “share costs fairly” invites conflict when one owner wants to repave and the other prefers patching.

Your lawyer’s review should summarize these documents in plain language and flag any time‑sensitive obligations. In our practice at Refcio & Associates, we also connect buyers with the City’s relevant department when an agreement’s terms affect a planned project.
Municipal and regional context that London buyers should know
London’s growth has created a patchwork of older neighborhoods, infill sites, and new subdivisions. Each brings a different legal texture.

Older neighborhoods north and east of downtown often contain mutual driveways, narrow side yards, and porches that sit close to the line. Surveys can be sparse or outdated. Expect more neighbor coordination and the possibility of small encroachments. The move‑fast approach works poorly here.

South and west, where subdivisions from the 1990s and 2000s dominate, you will find cleaner plans and clear utility easements. The issues we see most often involve grading covenants, rear‑lot drainage, and fences built over pedestal locations. London Hydro and utilities will insist on access. Build a shed on a pad over a transformer easement and it may need to be moved at your expense.

In new developments, titles carry fresh subdivision agreements, and properties may still be subject to assumption processes. Sidewalks, streetlights, and final lifts of asphalt come later. If you plan hardscaping that meets the curb, check timing with the builder and the City to avoid rework.

Rural parcels in Middlesex County bring conservation considerations. The Upper Thames River Conservation Authority has jurisdiction in many areas and will weigh in on alterations near floodplains, streams, and steep slopes. A survey combined with a preliminary conversation with the authority saves grief. You do not want to discover after an offer that your hoped‑for shop falls inside a regulated area that demands a permit and additional studies.
Practical steps when buying or selling in London ON
Buying and selling move quickly. Offers fly on Friday nights, and conditions vanish by Monday. Build a few habits to protect yourself without slowing the deal beyond reach.
Gather and share what you have. If you are selling, locate old surveys, building permits, and any correspondence about easements or encroachments. A single PDF sent to your agent and lawyer shortens review time and builds buyer confidence. If you are buying, ask for these early and read them with your lawyer’s memo. Match plans to ground truth. Walk the property line with the seller if possible. Note fences, retaining walls, sheds, and anything near a boundary. If something raises a question, consider making a current survey a condition. For condos or townhomes, review the site plan and any common element diagrams carefully. Read the easement text, not just the label. An “easement in gross” to the City may permit equipment and excavation at any time. A private right‑of‑way may be limited to pedestrian access. The title abstract alone rarely tells the story. Use conditions to buy time intelligently. Financing and home inspection conditions are standard. Add a solicitor review condition if the property screams complexity, and use that time to investigate surveys, easements, and municipal agreements. Bring the right team early. A real estate lawyer, and where needed, a surveyor and planner, prevent rework. London ON lawyers familiar with local practices, including our team at Refcio & Associates, can tell you how a specific easement usually plays out on the ground and with lenders. What to do if you discover a problem after closing
Despite best efforts, surprises happen. The response depends on the nature of the issue, your title insurance policy, and your goals.

If it is a small encroachment, start with neighborly conversation. Many disputes melt with a cup of coffee and a sketch. If both parties can live with the status quo, a simple license agreement recorded in writing may suffice, while you plan a longer‑term fix.

If the encroachment prevents you from getting permits or materially affects value, contact your lawyer and your title insurer promptly. Policies usually require notice and insurer consent before you take corrective steps. The insurer may fund a cure, negotiate an easement, or pay for the loss, depending on terms.

If the issue involves a municipal agreement breach, engage the relevant City department quickly. In our experience, early <em>Law firm</em> http://www.bbc.co.uk/search?q=Law firm outreach signals good faith and can lead to phased compliance rather than immediate enforcement. Bring your survey and any engineering input to those conversations.

For utility conflicts, cooperate. Crews will access easements when needed. Your goal is to minimize damage and ensure restoration. Keep receipts and before‑and‑after photos.

And if you encounter a neighbor staking out a “new line,” pause before escalating. Ask for their surveyor’s plan, and consider jointly retaining a surveyor to reconcile differences. Boundary law contains doctrines like acquiescence and practical location, but those arguments are fact‑intensive and expensive to run. A shared survey and a measured adjustment often beat years of tension.
Where family, estate, and business issues intersect with boundaries
Property issues rarely live in a silo. They collide with family planning, estates, and business structures. I see this in three patterns.

Parents transfer part of a lot to adult children for a garden suite or a future build. The Planning Act governs lot creation, so a simple deed without consent may be void. A survey and a proper severance avoid future title chaos and family friction.

Estates sometimes discover missing surveys or historic easements when preparing a home for sale. Executors should budget time for a survey and possible minor variances. This can preserve value and speed closing. If the deceased granted informal rights to a neighbor, gather that history early. An estate lawyer working with a real estate lawyer prevents missteps.

Small businesses buy mixed‑use buildings with rear parking accessed over a shared lane. The easement rights affect fire code compliance, accessibility, and tenant leases. A business lawyer can align lease terms with the easement’s limits so you do not promise a tenant parking you cannot legally provide.

A full‑service London ON Law firm that handles family lawyer and estate lawyer matters alongside real estate lawyer work can spot these intersections and map a cleaner path. Our practice includes bankruptcy lawyer and business lawyer services as well, which helps when a deal intersects with creditor issues or corporate reorganizations.
The cost of getting it right, and the cost of guessing
Clients ask what a survey costs. For a typical single‑family lot in London, a building location survey often falls in the low thousands, with timing ranging from two to six weeks depending lawyers london ontario https://rrlaw.ca/practice-areas/bankruptcy/ on season and market demand. Rural and complex sites run higher. Add fees for consents or minor variances if needed. Title insurance premiums for residential purchases are a fraction of that and paid once at closing.

What does guessing cost? I have seen buyers shave a few hundred dollars and inherit a dispute that eats a season of weekends and five figures in legal, survey, and construction costs. I have also seen disciplined clients order a survey, discover a fence issue pre‑closing, negotiate a seller credit, and fix the problem under their timeline. The latter sleeps better.

If your budget only allows one move, choose information. Even if you cannot fix an issue immediately, knowing its shape lets you plan. An accurate plan is the difference between a straight fence and a future lawsuit.
Final thought and a practical mindset
Treat surveys, easements, and boundaries as parts of the same puzzle. A good real estate file sets out the legal lines, shows how the ground uses those lines, and aligns your plans with both. Work with professionals who speak plainly, and who have seen enough files in London and Middlesex County to recognize the patterns. Ask for copies of everything and keep a simple folder. Put dates on your notes from conversations with neighbors and the City. Small organization habits pay big dividends when the shovel comes out or the sign goes up.

Refcio & Associates is here for the quiet, technical parts of property ownership that make the exciting parts possible. If you need legal services in London for a purchase, a sale, a variance, or a dispute, we can help you choose the right survey, interpret the easement that worries you, and draw a boundary line that holds up when it counts.

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Refcio & Associates is a full-service law firm based in London, Ontario, supporting clients across Ontario with a wide range of legal services.<br>
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