Why buyers should seek expert third-party advice on potential encroachment of outbuildings in Ontario real estate

Outline (brief skeleton)

• Hook: Boundaries aren’t just lines on a map—they’re peace-of-m mind for buyers.

• Why encroachment worries matter: legal, financial, and emotional stakes.

• The right move for salespeople: tell the buyer to get professional, third-party input.

• What experts do: surveyors, property lawyers, and title researchers reveal the real picture.

• How to handle it in the Ontario real estate landscape: ethics, disclosures, and practical steps.

• Tools and resources you can lean on: Teranet, GeoWarehouse, title searches, and more.

• A concrete scenario: steps a buyer can take when encroachment is suspected.

• Wrap-up: protecting the buyer, the deal, and the future.

Article: The smart, ethical way to handle suspected encroachment in Ontario real estate

Boundaries matter. Not just the legal ones, but the confidence they give buyers when they’re about to invest in a home or a property that’s going to be part of their daily lives. When a buyer voices concern about possible encroachment of an outbuilding on a neighbor’s property, the instinct for many sales professionals is to look for a quick, comforting answer. But here’s the honest truth: reliable clarity almost always comes from a third-party expert—not from a seller’s verbal reassurance or a casual check of a map you quickly pull up.

Why encroachment worries are far from trivial

Encroachment touches money, too. If a structure sits too close to a boundary, or if it sits squarely on someone else’s line, disputes can emerge down the road. Financing can get snagged, insurance questions pop up, and you suddenly have a living example of a “what if” that buyers don’t want to carry with them after closing. And let’s be real: buyers aren’t just buying a property; they’re buying the certainty that the property won’t spark costly surprises in the future.

So, what should a responsible salesperson do when concerns about encroachment arise? The short answer is simple: advise the buyer to seek expert advice from a third party. A firm, professional assessment reframes uncertainty into actionable items—and it protects everyone involved.

Why not rely on a quick personal check or a seller’s verbal confirmation?

• Personal checks have limits. You can measure, compare, and think you’ve seen everything, but boundary lines and historical encroachments are held in more precise terms than a casual assessment allows.

• Verbal confirmations from the seller carry risk. People remember things differently, and property lines can change with new surveys or updated records. A conversation isn’t a substitute for documented findings.

• Legal and financial stakes demand accuracy. Encroachment issues can trigger title concerns, boundary disputes, or future remediation costs. A professional assessment frames options clearly.

What the experts actually do (and why they’re essential)

• Land surveyor: A licensed professional surveyor measures the property with survey-grade accuracy, places monuments if needed, and provides a current survey plan showing your boundary lines relative to any structures. They can confirm whether the outbuilding infringes on a neighbor’s property and quantify the margin (or lack of one) for you.

• Property lawyer or real estate attorney: They interpret title documents, analyze any encumbrances, and explain implications for ownership, financing, and potential disputes. They can advise on remedies, such as boundary agreements or dispute resolution steps.

• Title search and registrar records: A thorough title search reveals easements, restrictions, or other claims that might affect use or future changes to the property. This can uncover appearances of encroachment that aren’t obvious from a surface inspection.

• Municipal records and permits: Checking permit histories and setback requirements helps determine whether an outbuilding was constructed in compliance and whether any permitting issues could complicate future renovations or sales.

In Ontario, the prudent path combines these elements. It’s a practical, evidence-based approach that aligns with professional standards and ethical duties.

How to incorporate this into your workflow as a salesperson

• Start with disclosure, then guide, not guarantee. Be transparent about what you know and what you don’t. Tell the buyer you’re not a boundary expert, and the next step is a professional assessment.

• Recommend third-party specialists. Be explicit: a licensed land surveyor is the reliable resource for boundary questions; a property lawyer helps with legal implications; and a title search confirms what’s officially recorded.

• Facilitate connections, don’t override autonomy. Offer to coordinate timing, share contact details, and help structure the process, but let the buyer decide which professionals to engage.

• Document every step. Keep notes of conversations, the facts presented, and who was consulted. In Ontario, clear documentation supports ethical duties and can protect the buyer later on.

• Use standardized information channels. If you’re using professional forms or reports, don’t try to reinterpret them in-house. Let the experts issue findings, then translate the results into buyer-friendly summaries.

• Respect boundaries and ethics. The Real Estate Council of Ontario (RECO) emphasizes acting in a client’s best interests and disclosing material facts. Refraining from giving guarantees or unwarranted assurances keeps you aligned with these standards.

Ontario-specific resources you can lean on

• Land registry and title: A title search through approved providers helps confirm what’s recorded on title. This is a first line of defense against silent encroachments.

• Land survey and boundary plans: A licensed Ontario land surveyor can produce a current plan that shows precise lines, stakes, and encroachments with professional certainty.

• GeoWarehouse or similar tools: For agents, these platforms provide access to property boundaries, lot dimensions, and historical data that can guide conversations with buyers.

• Municipal zoning and setback bylaws: Local rules can affect how close outbuildings can be to lot lines. Understanding these rules helps set realistic expectations for buyers.

• Professional referrals: Building a short list of trusted land surveyors and property lawyers with Ontario credentials makes it easy to connect clients with the right experts quickly.

A real-world scenario (how it plays out)

Let’s say a buyer is interested in a house with a detached shed that sits close to the property line. The buyer wonders if the shed encroaches on the neighbor’s land. Here’s a practical path:

• Acknowledge the concern and explain the limitation of a layperson’s check. You say, “To be sure, we’ll get a licensed surveyor to verify boundaries and any encroachments.”

• Engage a licensed land surveyor to prepare or update a boundary plan. The surveyor marks the lines, notes any encroachments, and provides a formal report.

• If the survey reveals encroachment, bring in a property lawyer to assess remedies and implications. They’ll explain options like boundary adjustment, shared-use agreements, or other resolutions, plus any impact on financing or insurance.

• Run a title search to confirm that there are no hidden encumbrances tied to the issue.

• Share the findings with the buyer in plain language, highlighting what it means for the purchase timeline, costs, and future use of the property.

By guiding the buyer to third-party experts, you’re doing more than solving a problem for now—you’re giving them a solid foundation to make a well-informed decision. And that’s the core of trustworthy real estate service.

Weaving this into a smooth, client-centered flow

The moment a buyer starts talking about encroachment is a chance to demonstrate value. It’s not just about closing a deal; it’s about safeguarding the buyer’s future and building a relationship anchored in clear communication and careful due diligence. A tactful, facts-first approach—coupled with a reliable network of professionals—turns uncertainty into confidence.

Think of it this way: you’re setting up a safety net. The concrete steps you recommend—survey, title search, legal counsel—are the safety ropes that keep the climb safe. And if the climb ends up being layer-cake complex, you’ve got the right people to help the buyer navigate it.

A few practical tips to keep this natural and effective

• Use plain language to set expectations. Explain what a boundary survey can and cannot tell you, and why a third party is essential for definitive answers.

• Keep the buyer informed, not overwhelmed. Share progress updates from the surveyor and attorney in bite-sized terms, with a clear timeline.

• Balance empathy with objectivity. It’s emotionally charged when boundaries are involved. A respectful, nonalarmist tone helps keep the conversation productive.

• Build a reliable referrals list. Having a short, vetted roster of Ontario-licensed professionals makes your process smoother and more credible.

The bottom line

When a buyer voices concerns about encroachment, the right answer isn’t a quick assurance or a casual map read. It’s a recommendation to seek expert advice from a third party. That professional assessment—the boundary plan, the title check, the legal implications—provides a clear, defendable path forward. It protects the buyer, protects the integrity of the transaction, and—let’s be honest—adds a layer of confidence that shines through in every step of the process.

If you’re guiding clients in Ontario, you’ll likely encounter boundary questions more often than you expect. Embrace the expertise that exists to resolve them. The goal isn’t to stall a deal; it’s to ensure the deal stands on solid ground—so buyers can stand on their new doorstep with real peace of mind. And isn’t that the kind of service that turns first-time buyers into lifelong clients?