What to do next
Commission a current survey
An existing survey may be decades old and may not reflect the registered description. A licensed surveyor establishes the legal boundary and marks it. Without one, any negotiation is guesswork and any claim is unprovable.
Identify what kind of dispute it actually is
An encroaching structure, a fence in the wrong place, an easement or right of way being obstructed or misused, tree roots and overhanging branches, or drainage. These are different legal problems with different remedies, and they are frequently confused.
Check the title documents for registered rights
Easements, rights of way and restrictive covenants are recorded on title and may already answer the question. A right of way that has existed for decades may also have been acquired by prescription in some jurisdictions.
Consider what outcome you actually want
Removal of the encroachment, compensation, a registered easement legitimising it, or purchase of the strip of land. Courts have discretion and do not always order removal where the encroachment is minor and removal would be disproportionate.
Weigh the cost against the land in dispute
Boundary litigation regularly costs more than the land is worth, and you will still be neighbours afterwards. Mediation, a negotiated boundary agreement registered on title, or simply buying the strip are often the rational answers.
Frequently asked questions
The fence has been there for thirty years - does that make it the boundary?
Not automatically. Long possession can affect rights in some jurisdictions through adverse possession or prescription, but the rules vary and registered land systems often limit it. A survey plus advice is the starting point.
Can I make them remove it?
Sometimes. Courts have discretion and may award compensation instead where removal would be disproportionate to the harm.
What about overhanging branches?
Generally you may trim to the boundary line, but the cut material belongs to the tree owner and protected or heritage trees have separate rules. Take advice before cutting anything significant.
Who pays for the survey?
Whoever commissions it, initially. Costs may be recoverable if the matter proceeds and you succeed, but treat it as an upfront cost worth paying.
Which court hears these?
The superior court of the province, or small claims where the value fits. Some jurisdictions also have a specific boundary-determination procedure.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.