My neighbour just had a survey done. The survey shows our fence as being well within my neighbour’s property; a couple of feet actually. The neighbour has only lived there for 3 years, and I’ve lived here for 25.

The legal question of “adverse possession” or “squatter’s rights” is a fairly complex legal issue that, among other issues will depend on where the property is located. In some parts of Ontario, adverse possession no longer applies due to provincial legislation. Your legal rights with respect to adverse possession can best be addressed by your solicitor. Your solicitor may wish to engage a surveyor to accurately determine the location of the property boundary with respect to the fence or other improvements to the property so that you and your solicitor are aware of the extent of the problem.