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Street Light location: Actual vs Property Survey

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  • Apr 18th, 2022 3:45 pm
Deal Addict
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Dec 12, 2003
2894 posts
334 upvotes
GTA

Street Light location: Actual vs Property Survey

Hey RFD,
Looking to see if anyone has ever pursued this

I'm the second owner of my property, and when i look at the property survey (completed when the property was built in 2008), vs actual location of the street light, the location is off by about 3 - 4 ft

This impacts my ability to have another parking space, and was wondering if there's any recourse i've got

Municipality in my case, is the City of Markham
3 replies
Deal Expert
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Oct 23, 2008
19240 posts
17869 upvotes
GTA, ON
The street light should technically be on the boulevard which is city property. I very much doubt the city is going to spend $$$$ to move a street light that is on their land.

Also take into consideration, expanding your driveway is limited according to bylaws anyhow, and you'd be expanding on their boulevard. Yes a lot of people do it, but as I believe, legally, you're limited to how much you can go out (depends on the frontage lot size).

https://www.markham.ca/wps/portal/home/about/city-hall/bylaws/bylaw-guide-for-homeowners/extended-driveways

Last contractor I spoke to also said there are limitations on how much you can expand the boulevard section too.
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Deal Expert
Feb 7, 2017
27765 posts
27805 upvotes
Eastern Ontario
chimaican wrote: The street light should technically be on the boulevard which is city property. I very much doubt the city is going to spend $$$$ to move a street light that is on their land.

Also take into consideration, expanding your driveway is limited according to bylaws anyhow, and you'd be expanding on their boulevard. Yes a lot of people do it, but as I believe, legally, you're limited to how much you can go out (depends on the frontage lot size).

https://www.markham.ca/wps/portal/home/about/city-hall/bylaws/bylaw-guide-for-homeowners/extended-driveways

Last contractor I spoke to also said there are limitations on how much you can expand the boulevard section too.
This

Typically the city owns the front of every property (whether there’s a sidewalk there or not) it’s their easement to access utilities, conduct roadwork, etc

So … their property = they can pretty much do what they want with it.

You the home owner don’t get much say … but you are expected to maintain it for ease of access … so cut the grass, don’t build on it, etc.

Lol, be a home owner long enough … and you’ll see all sorts of things happen on easements that you have little to no say in. Trees cut down, bushes planted, holes dug, lights installed / removed, sidewalks or pathways put in, super mailboxes set up, cable lines run, etc.

* In some cities the front easement is < 10 feet … while in others it’s more than that. Count yourself lucky if you live where it’s less than more!
Deal Addict
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Oct 2, 2018
3167 posts
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Toronto
Most typical road allowance calls for the distance from curb to streetline (streetline divides private property from municipal road allowance) of 5 meters. There are cases where the standard road allowance is different, however with the details known i'll go with the most frequently used standard. The Property line is the dividing line between 2 individual properties, as opposed to the street line....many use the term property line for both scenario's however there are two words as technically they denote a change of what it corresponds to.
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