Renovating Your Property? Don’t Forget About Your Neighbours

Many homeowners assume that because work is being done entirely on their own property, they are free to proceed however they choose. While property owners generally have the right to improve, alter, or remove structures on their land, that right is not unlimited.

Ontario law requires property owners to take reasonable care to avoid causing foreseeable damage to neighbouring properties when carrying out work on their own land.

What Does “Reasonable Care” Mean?

Before undertaking work that could affect a neighbouring property, homeowners should consider whether there is a foreseeable risk of damage and take reasonable steps to reduce or avoid that risk.

Depending on the circumstances, this may include:

• Providing advance notice to affected neighbours;
• Obtaining professional engineering or technical advice;
• Using contractors with the appropriate expertise; and
• Choosing a method of construction or removal that minimizes the risk of damage.

Does It Matter That the Work Is on My Property?

Not necessarily.

Courts have consistently recognized that property owners must exercise their rights with reasonable regard for the rights of their neighbours. Even if the work itself is lawful, a property owner may still be responsible if it is carried out without reasonable precautions and causes foreseeable damage to an adjoining property.

What If My Neighbour Refuses to Cooperate?

A neighbour’s refusal to cooperate does not automatically relieve a property owner of responsibility. Courts will generally look at the conduct of both parties and consider whether reasonable efforts were made to avoid the damage before the work proceeded.

Keeping written records of communications, providing reasonable notice, and exploring practical alternatives can all help demonstrate that appropriate steps were taken.

How The Cahill Firm Can Help

Property disputes often arise when renovations, excavation, tree removal, or other improvements affect neighbouring land. At The Cahill Firm, we help property owners understand their rights and obligations before work begins and assist in resolving disputes when damage occurs. Seeking legal advice early can often prevent costly litigation and protect relationships with neighbouring property owners.