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Old 05-04-2015, 03:51 PM   #1
Yellefan
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Default Neighbor's garage encroaching on property

I'm thinking of putting an offer on an inner city house, but looking at the real property report it indicates that the neighbors garage eaves encroaches onto this property by about 18cm. It's a 25 foot wide lot and I was planning on putting in a double car garage if I were to buy it, but now I'm wondering how this encroachment would affect me building this garage.

Has anyone ever dealt with something like this and know if there is anything that would restrict me from building right up to the .45m from the property line that the city says is required if this garage overhangs by 18cm? Obviously with such a skinny lot the garage would be taking up most of the back of the lot, but if I am restricted because of this overhang then that would change things I guess.
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Old 05-04-2015, 08:44 PM   #2
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Probably best to get another RPR done and verify. It's not that expensive.

Technically he would have to remove his encroachment and repair from his property back. The only problem is what kind of neighbor relation will you have after insisting on this? Then there is the issue if you allow it to continue to exist the next purchaser will question the value of the property because of the encroachment.
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Old 05-04-2015, 08:58 PM   #3
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Also, check the title of the property. If it is an allowable encroachment there will be evidence of that agreement on the title. If not, you could make the neighbor take it down fairly quickly. As well, this is something that could be used in the offer. I'm surprised the listing realtor never mentioned it.
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Old 05-04-2015, 10:23 PM   #4
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Yeah, this house has been on the market a while and I guess this is the reason why. It's a fantastic location in exactly the area I've always wanted to live, but the no garage and potential for issues down the road are making me think about saying forget it.

There is an encroachment agreement listed on the RPR so it must be allowed, but still I don't know why the owner would allow this to occur especially on an already skinny lot. And yes, I'm not sure why the realtor wasn't up front in the listing either. I commented to my realtor that the neighbours garage looked too close and that's when she started asking the listing realtor questions.

Thanks for the comments.
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Old 05-05-2015, 10:54 AM   #5
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Get and review a copy of the Encroachment Agreement (from LTO).
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Old 05-05-2015, 11:11 AM   #6
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Dumb question - What's the difference between a Real Property Report and a Land Title?
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Old 05-05-2015, 11:16 AM   #7
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RPR is a map of your property. It shows what you own.

Spoiler!


Land Title shows who the owner is, as well as a listing of all of the encumbrances on the property;
Spoiler!


Spoiler!
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Old 05-05-2015, 12:03 PM   #8
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More dumb questions:

1) Seeing that there is an agreement, does that mean that any future owner of the property Yellefan is eyeing up cannot do anything about it?

2) My googling found that the encroachment agreement states the resolution of the problem, I kind of read that to mean that it would list whatever deal was made between the owners? Are all agreements simply "this is allowed" or can you be creative and write, say, that the agreement only stands while the current owner owns the property or detail a monetary transaction that had taken place?
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Old 05-05-2015, 01:57 PM   #9
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Quote:
Originally Posted by Yellefan View Post
There is an encroachment agreement listed on the RPR so it must be allowed, but still I don't know why the owner would allow this to occur especially on an already skinny lot. And yes, I'm not sure why the realtor wasn't up front in the listing either. I commented to my realtor that the neighbours garage looked too close and that's when she started asking the listing realtor questions.

Thanks for the comments.
My guess is that one person owned a 50ft lot. They then tore down the house and split the lot into two 25ft lots with the intention of living on one of the lots and selling the other (possibly after byulding on the second lot). By owning the second lot they were able to get agreement and build a garage encroaching onto the second lot. They may have preferred a bigger garage or more yard space that the encroachment provided and figured any potential value lost on the second lot was not significant or was worth it.
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Old 05-05-2015, 03:37 PM   #10
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Trout, I know this is more your practice area... Is this one of those problems that can be easily solved with fire?
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Old 05-05-2015, 03:58 PM   #11
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Trout, I know this is more your practice area... Is this one of those problems that can be easily solved with fire?
If the garage was destroyed, it could not be rebuilt in the same place - legally. If that's what you are asking.
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Old 05-05-2015, 07:18 PM   #12
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Quote:
Originally Posted by You Need a Thneed View Post
If the garage was destroyed, it could not be rebuilt in the same place - legally. If that's what you are asking.
That's what I thought. OP...
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Old 05-05-2015, 07:47 PM   #13
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Quote:
Originally Posted by VladtheImpaler View Post
Trout, I know this is more your practice area... Is this one of those problems that can be easily solved with fire?
Quote:
Originally Posted by You Need a Thneed View Post
If the garage was destroyed, it could not be rebuilt in the same place - legally. If that's what you are asking.
Quote:
Originally Posted by VladtheImpaler View Post
That's what I thought. OP...

Lol. Ban, then arrest after the fire?
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Old 05-05-2015, 07:52 PM   #14
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Lol. Ban, then arrest after the fire?
I just ask thought-provoking questions.
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Old 05-05-2015, 11:58 PM   #15
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Quote:
Originally Posted by You Need a Thneed View Post
If the garage was destroyed, it could not be rebuilt in the same place - legally. If that's what you are asking.
Awesome, this is worth considering.

Thanks!
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Old 05-06-2015, 10:21 AM   #16
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The seller should offer to throw in a tile insurance policy?
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Old 05-06-2015, 04:36 PM   #17
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Check with the city if you could be approved for a zero lot line style eave. Or if his could be modified.
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Old 05-06-2015, 08:29 PM   #18
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Check with the city if you could be approved for a zero lot line style eave. Or if his could be modified.
Yeah I talked to the city and they wouldn't give me an answer other than each application is evaluated on its own merit.

I decided it's not worth the risk and am not going to pursue this. Thanks for all of the advice folks.
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