A Toronto man has been in a years-long battle with City Hall as he continues to figure out how and why permits were issued for a construction project next to his home that he says clearly goes over his property line.Brian Kieller lives in one of several attached homes on a quiet street in Toronto’s Little Portugal neighbourhood. “My house is a group of eight row houses. They’re 150 years old. They share a common attic.”But Kieller said a now-completed construction project next door shared a little too much.He said, according to surveys he obtained, part of the new wall constructed in that project, goes several inches over his property line.The neighbour who hired contractors to do the work followed all the rules by going through the proper permitting process.“I got all the data. The problem is not the neighbour; the problem is the Toronto buildings permitting process,” Kieller said. “The Committee of Adjustment approved a building being 0.0 to the lot line, so not past the lot line. And then Toronto Buildings approved a permit that wouldn’t fit with those constraints.”Keiller said he was out of the country visiting a sick relative when most of the construction was underway. Once it was complete, he noticed what he said was a clear violation.“This entire attached wall is several inches over the property line,” he shared. “What if there’s a leak or it requires maintenance? Now I’m inheriting all the liability for it, but I don’t own it.”After noticing the issue, he contacted the city. He said several inspectors came to look at the finished project.“There were like five inspectors who came out to look at it. All of them saw the problem, right? But really couldn’t supply any information or any corrective action.”Kieller then hired his own surveyor.“I thought maybe I am wrong here, but I wasn’t,” he said. “I supply the survey back to the City and say, ‘Look, here’s the problem. It’s encroaching on my property.’ “After that he said he heard from the city’s legal department.“They basically said, ‘Well, look, inspectors aren’t surveyors,’ which is not a question I asked, and they said the permits are closed and they just washed their hands of it.”But Kieller says the City has so far failed to answer one important question, which he says he has raised with them several times.“And that is, did the approved permit drawings comply with the Committee of Adjustment requirement that the rear three-storey addition be located 0.0 m from the side lot lines?”Speakers Corner also asked city staff that question directly. They issued a two-sentence statement in response.“The permits were issued in compliance with the Ontario Building Code and applicable legal requirements. The permits were closed following the completion of all required inspections.”Property line issues common, surveyors sayKieller’s issue is not isolated, said Saša Krcmar with Krcmar Surveyors Ltd.“We see cases like this all the time. Especially now because we’re dealing with a lot of laneway units in Toronto and additional construction.”Which is why Krcmar launched “Protect Your Boundaries.”“We looked at a variety of surveys to see how prevalent this issue of encroachments was. Fences are the number one thing. They’re generally not right on the line.”But Krcmar said any potential issues with property line encroachments should be dealt with before construction begins, not after.“And that’s the moral of this story,” he said. “The problem is, in Kieller’s case, we see something is wrong, but what do you do about it now? It’s all built.”Which is why he suggests all homeowners obtain their own survey to understand their property lines. Especially before a neighbour begins any type of construction that could encroach.“Speak to your neighbour and say, ‘Hey, I want to know what you’re doing. This is the line. I don’t want you to cross it.’ Have a surveyor come out, mark it for you. And this way you’re engaged and you’re proactive about protecting yourself.”While Kieller hired his own surveyor after the construction was completed, Krcmar said it’s also important to keep this fact in mind.“There is no official boundary, a boundary is defined by a surveyor based on their evidence of a boundary. The neighbour’s surveyor’s professional opinion could be different. The only person that can truly define a boundary is a judge in the court of law.”He said having a conversation with a neighbour before construction will help avoid what could later become an even bigger headache. In Kieller’s case, he said both properties may run into issues if the homes ever go on the market for sale.“Because now if they want to sell their property, they have a well-documented blemish due to this issue.”Kieller continues to fight the City asking for compensation for what he says is their mistake. Krcmar, who was not hired by Kieller, but looked over his survey, believes the City should step in.“In my opinion, Brian has been harmed, now it’s the obligation of the City to make him whole,” he said. “The problem is the City does not get involved in property boundary disputes. They leave that up to the neighbours to figure out.”Which Kieller argues is grossly unfair. He believes this is the City’s mistake, not his or his neighbours.“The City should ensure any project, not just the one in my case, stays within the property boundaries and for them to only say, ‘Inspectors aren’t surveyors’ should scare all homeowners. I’m just asking the city to follow their own rules.” Kieller added.If you have an issue, story or question you’d like us to look into, contact us.