​Land owners are increasingly aware of their property boundaries as the value of land continues to increase. Many land owners do not know where the precise edges of their boundaries are. Often the boundaries have been relocated because of the number of times their property has changed hands over the years, or because it is assumed that existing fences or landscape form the boundaries. The confusion over property boundaries is the basis of many neighbour disputes, including encroachments (or perceived encroachments) on one's property.
 
Property disputes are also common when there is a change of ownership and the new neighbor wants to install a fence, driveway, or do some landscaping that seems to be encroaching on the adjacent lot.
 
It is wise to discuss the situation with your neighbor as the dispute may just be the result of a misunderstanding or bad information over boundaries. Also your neighbor may not be aware that there is a boundary issue. Handle the issue as amicably as possible to avoid any animosity; bear in mind that you may have to live next door to each other for a long time. Discuss options for resolving the dispute. Advise the neighbor if you are hiring the services of a surveyor to identify property lines.
 
Being open with your neighbor about the results of any survey, appraisal, or title search you had done on your property ensures you're both working together to resolve any issues. With full information, you both can present your ideal outcomes if a dispute arises and work towards a compromise.
 
Lot line conflicts can also arise when homeowners apply for a building permit to upgrade their home with an addition, such as a garage, pool or extra room.
 
Hiring a registered land surveyor is the only legally acceptable way to definitely establish true property lines. The surveyor will researches property descriptions and deeds, conduct physical lot line assessments and mark land boundaries with durable corner markers in accordance with the applicable laws and guidelines.
 
You and your neighbor may be able to settle the boundary dispute through negotiation; put this in writing so that it become legally binding.
 
If a property boundary dispute escalates to the point where the courts are involved, a land survey will be ordered by the court.

Right of way is the legal right granting access along a specific route which runs through property belonging to someone else. It is also referred to as a type of easement that allows neighbours to use the land of another as a thoroughfare if necessary without actually possessing the land. 
 
A right of way is a particular easement, i.e. a right, annexed to land, to travel over other land of different ownership in a particular manner.
 
Property rights are extremely important to most people so it is not surprising that people would avoid trespassing intentionally on another’s property. But there may be occasions where neighbours are aware that they have to accommodate each other and the situation necessitates creation of an easement. Obviously we can be overly territorial regarding our property and are aware that allowing right of way to neighbours may cause some tension. It is comforting to know that laws are in place to regulate how easements are to be observed. This can help to avoid potential conflict with neighbours.
 
While an easement or right of way grants rights, it also partially restricts a landowner’s use of that part of the land affected by the easement or right of way. In other words an easement is a right which is taken from one property and attached to another. It is a contract made between parties to give an individual, a company, a council or other authority (grantee) the right to use a landowner’s property (grantor) for a particular purpose.
 
The grantor who continues to own the land has essentially only given up certain rights on that part of land which is used for the easement. The grantee is permitted access to the easement and holds certain rights regarding usage of the property which would be described in the easement document. The rights of use are described and can be restricted by the terms agreed to.
 
The landowner has the right to refuse to grant an easement or right of way over their property. However a statutory authority may acquire an easement without the landowner’s consent.
 
If the landowner agrees to an easement over their property, a solicitor will prepare the appropriate documentation that will be lodged with the Lands Titles Office. Once granted and registered, the landowner cannot refuse the grantee his or her use of the easement.
 
Easements can be created between the grantee and grantor for the following:

• Pathways or walkways  
• Right to park a vehicle
• Supply of electricity   
• Sewer and water mains
• Supply of gas                         
• Access Roads