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About Alex Rodriguez
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I would be glad to answer questions you may have about real estate in Ottawa, ON. How to choose a REALTOR? How to price your home? What marketing strategies work? Should I have an Open House? Should I sell my home privately? Should I buy in Gatineau? Should I move to the Suburbs? What is dual agency?

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You are here:  Experts > Real Estate > Real Estate by Location > Canadian Real Estate > fences

Topic: Canadian Real Estate



Expert: Alex Rodriguez
Date: 8/15/2007
Subject: fences

Question
My husband and I bought a house 1996.  The land was bought off the Farm next store, by the builder of our house and then the lot and house was sold to us as a 200 x100 lot.  There fence is sitting on 6 feet wide by 200 long of are land.  We have asked them to move the fence as we would like to require a pool.  (my husband has ms and needs to keep cool)  They refuse to move the fence even though they have many acres compared to are 100 x 200 lot.  This is the difference in having a pool or not because for the requlations in Montague Township Smiths Falls ont.  They argue that because of the Grandfather clause they don't have too, and we are not aloud to move it are selves. Do we have the right to move the fence back 6 feet ???

Answer
Hi Darlene,

I would suggest for you to enquire with your local municipality (ie.land registry office)  They should be able to give you information on your lot, such as size, measurements, easements, etc.  This information will help you determine if they are infringing on your property.
In addition, You could also enquire with the lawyer that handled your deal.  He/She should have this information on file.  The lawyer will also be able to let you know what your options are. If you got title insurance at the time of purchase, this could also come into play.

Good Luck,

Alex


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