
An encroachment agreement in Ontario is a formal, legally binding document used when a structure—such as a fence, retaining wall, deck, or ramp—extends beyond a property’s legal boundary onto a neighbouring property or municipal land. The agreement clarifies the encroachment, sets out the conditions under which the structure can remain, and provides legal certainty for both parties, often becoming necessary during property transactions, construction approvals, or municipal inspections. A land survey identifies the encroachment, the agreement is negotiated and executed by all parties, and once registered on title it protects current and future owners from disputes and compliance issues.



