Vosinage disorder

Adrian owns a large residence which he has lived in with his wife and children for 15 years.
Knowing the importance of good neighborliness, Adrian regularly entertains his neighbors at his home.
Recently, David moved into the residence next door.

When he moved in, David landscaped his backyard and even built a hot tub.
“For those starry summer nights, ideal for partying,” he says.
For the moment, no fence or cedar hedge separates the two neighbors.

A few months later, seeing the added value the renovations would bring to his neighbor’s property, Adrian also decided to redevelop his backyard.
Before starting the work, he called in a land surveyor to establish the true measurements of the land.
To his surprise, he discovered that part of David’s spa was actually on his property.

Did you know that an encroachment on your property can constitute a neighbourhood nuisance?
A neighborhood disturbance is an inconvenience caused by a neighbor.
The law states that the owner can oppose any encroachment or unauthorized use.
In this case, Adrian must first notify David that his spa is encroaching on his property, and may even ask him to move it.
If David was unaware of the encroachment and the situation does not cause him any inconvenience, Adrian can demand that he be paid a sum of money in compensation for the loss of use of this parcel of land.
On the other hand, Adrian could demand that David acquire the part of the land encroached upon by the spa.
The situation would be different if the encroachment caused serious prejudice to Adrian, such as preventing him from accessing his garage: he could then ask David to remove the spa and restore the land.

If you face such a situation and need further advice, you should consult a lawyer.