The Line Fences Act

There are many land disputes between neighbours in the County of Haliburton. Litigating these disputes in the court system can be a costly experience and the result not necessarily satisfactory even to the successful party. One reason is that the neighbours still have...

Boundary Trees

Boundary trees are trees on the boundary between neighbouring lands. Neighbours’ conduct relating to boundary trees has been legislated since 1896 when the Ontario Tree Planting Act was enacted. The purpose of the Act was to encourage the planting and growing of...

Shoreline Ownership

If you own waterfront property to the shoreline, you are a riparian owner, meaning you own the bank (“ripa”) of the lake to the water’s edge. But where is the water’s edge in Haliburton? There is a high water mark in the spring and a low water mark in the fall. The...

Construction Woes

Many cottagers from the city have moved here to settle permanently. Some have built their dream home where once was a 1950’s style summer cottage. This is the true story of the construction of a dream home gone bad. The owners hired a close friend who was a builder....

Construction Trades and Property Owners

A construction tradesman, whether electrician, plumber, or carpenter, may find himself not being paid for work performed for a property owner. The tradesman’s work improves the value of the property and makes the property owner subject to a “construction lien.” The...

The Rule of Law

The preamble of the Canadian Charter of Rights and Freedoms begins with the phrase; “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.” The “rule of law” is a cornerstone of Canadian constitutional order and...