Homeowner in Little Portugal battles City over property line encroachment from nearby construction
Brian Kieller says part of new wall on adjacent property extends several inches over his lot line; city inspectors saw issue but closed permit.
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A Toronto homeowner in Little Portugal is in a years-long battle with City Hall after permits were issued for a construction project next door that he says clearly violates his property line.
Brian Kieller lives in one of eight linked row houses on a quiet neighbourhood street, 150 years old and sharing a common attic. He said the completed construction next to his home breached the boundary. According to surveys he obtained, part of the new wall extends several inches over his property line.
The neighbour followed proper procedure by going through the permitting process. But Kieller argues the city's approval chain failed. The Committee of Adjustment approved the building on the condition it be 0.0 metres from the lot line—not past it. Yet Toronto Buildings approved a permit that wouldn't fit those constraints, he said.
Kieller was out of the country visiting a sick relative when most construction occurred. Once back, he contacted the city. "There were like five inspectors who came out to look at it. All of them saw the problem, right? But really couldn't supply any information or any corrective action," he said.
He hired his own surveyor and submitted the survey to the city, pointing out the encroachment. The city's legal department responded that inspectors aren't surveyors and the permits were closed. Kieller says the city has failed to answer a core question: "Did the approved permit drawings comply with the Committee of Adjustment requirement that the rear three-storey addition be located 0.0 m from the side lot lines?"
A city spokesperson said in statement: "The permits were issued in compliance with the Ontario Building Code and applicable legal requirements. The permits were closed following the completion of all required inspections." But that didn't address Kieller's specific question.
Saša Krcmar, a surveyor with Krcmar Surveyors Ltd., said property line issues are common, especially with the rise of laneway units and additional construction. "We see cases like this all the time," Krcmar said. Property line encroachments should be dealt with before construction begins, not after.
At a glance
Where in Toronto is Brian Kieller's home?
Brian Kieller lives in Little Portugal in one of eight linked row houses that are 150 years old.
What is the property line violation?
According to surveys Brian Kieller obtained, part of the new wall on the adjacent property extends several inches over his property line.
What did the Committee of Adjustment require?
The Committee of Adjustment approved the building on the condition it be 0.0 metres from the lot line, meaning the rear three-storey addition should not extend past the side lot lines.
