What Happens If a Neighbour's Fence or Building Crosses My Property Line in BC?
“• In BC, a fence or building that crosses a property line is not automatically fixed by who was there first. A legal survey is what shows where the line actually is.
• If a survey shows an encroachment, the BC Supreme Court can order one of three things: an easement (the neighbour keeps using the strip), a transfer of the strip to the neighbour, or removal of the structure.
• Easements and transfers come with compensation. The court has discretion, and it looks at things like whether the mistake was honest, how hard it is to move, and how much it affects your use of your land.
• Many of these disputes are settled by talking, with a survey in hand, long before anyone files anything.
• If you are buying, ask about encroachments before subjects come off. The seller’s Property Disclosure Statement asks about them directly, and a survey is the only thing that really answers the question.”
THE SHORT ANSWER: A COURT CASE CAN CHOOSE BETWEEN THREE OUTCOMES
Most people assume that a fence or shed on the wrong side of the line has to come down. In BC, that is not the only possibility. Section 36 of the Property Law Act says that where a survey shows a building encroaches on adjoining land, or a fence is located so that it encloses adjoining land, the Supreme Court may step in. It can declare an easement over the strip, transfer title of the strip to the encroaching owner, or order the structure removed.
Two of the three options come with compensation paid to the neighbour whose land is affected. Removal is the third option, and the court chooses between them.
The section is built around a survey. The text speaks of a survey finding the encroachment, which is why the first practical step is almost always the same: find out exactly where the line is.
Who can bring it to court
People's Law School, a BC legal education non-profit, says either neighbour can apply under the Act. It also notes that a petition to the Supreme Court is generally quicker and cheaper than a full lawsuit, with roughly one to two months from filing to hearing. Provincial courts do not have the power to decide easements, title or removal, so this kind of order is a Supreme Court matter.
What happens if nobody goes to court
Often nothing formal happens. A neighbour may agree to move a fence, sign a written agreement, or pay for a small strip. That is usually the faster and cheaper path, and it tends to go better when both sides are looking at the same survey plan instead of arguing from memory.
HOW THE COURTS DECIDE WHICH OUTCOME FITS
The three outcomes are alternatives, and the choice is up to the judge. BCREA's Legally Speaking series, written by a BC lawyer, describes the balancing exercise in terms of three questions.
First, what did each owner honestly believe about where the boundary was? Honest mistakes are treated differently from knowing or careless ones. Second, how permanent is the improvement, and what would it cost to move it? Third, how much does the encroachment affect the present and future value and use of each property?
In that article's examples, a mobile home that was easy to move and sat on land the neighbour wanted to build on was ordered removed. A retaining wall that would have cost about $30,000 to replace, built by someone who honestly misjudged the line, ended in an easement with compensation instead. Those examples are from a 1998 article, so treat them as an illustration of the reasoning, not as a price list.
A much more recent decision shows how this looks in practice. In Therens v. Piche, 2025 BCSC 2206, a Lake Country neighbour built a driveway that spilled fill and aggregate beyond a registered easement onto the next lot. The court granted the driveway owner an easement over the affected strip, but only after paying the neighbour $57,139.55. That figure covered survey and plan costs, an appraisal, a retaining wall, legal costs for the easement, and amounts for the loss in property value and loss of use. It is an Okanagan case, not a North Shore one, but it is a good picture of how a court treats the money side.
Here is the choice at a glance:
| Option | What it means in plain terms | Is compensation paid? | Where it tends to fit |
|---|---|---|---|
| Easement | The encroaching owner gets the right to keep using the strip for a period the court sets. You still own the land. | Yes, an amount set by the court | Honest mistake, costly or impractical to move, small effect on your use of the lot |
| Transfer of title | The affected strip is moved into the encroaching owner's title. | Yes, an amount set by the court | Permanent improvement where a lasting fix makes more sense than a shared strip |
| Removal | The court orders the building or fence moved so it no longer crosses the line. | Not part of the order itself | Encroachment was knowing or careless, is easy to move, or blocks what the neighbour wants to do |
Source: BC Property Law Act, s. 36(2) (bclaws.gov.bc.ca); BCREA Legally Speaking #291 for how courts weigh the choice. The court has discretion and the remedies are alternatives. General information only, not legal advice.
One more thing worth saying plainly: doing it yourself is the risky route. Even when a neighbour's structure really is on your land, courts have not looked kindly on owners who tear it down on their own. If a survey shows a problem, get advice before you pick up a sledgehammer.
How to check before you buy, and what to do if you already own
Ask what the seller knows
The BC Property Disclosure Statement (PDS) used by most sellers asks, in the Land section: "Are you aware of any encroachments, unregistered easements or unregistered rights-of-way?" A "yes" tells you to ask more. A "no" tells you what the seller believes, which is not the same as what a surveyor would find. My post on the property disclosure statement covers how much weight to put on those answers.
Look at the title, then look at the ground
Registered charges such as easements and rights of way show up on the title search, and my post on statutory rights of way explains how to read them. Encroachments are different: they are about where things physically sit, so they do not appear on title. A survey or a Real Property Report is what shows where the house, fence, shed or driveway sit against the line. I would raise it early rather than late in the process. My FAQ page has a short entry on what a Real Property Report is and when you might need one.
If you already own the home
Start with a survey by a registered BC land surveyor, or check whether LTSA has an existing survey plan for the property. People's Law School is clear that locating the line accurately is the owner's job, and that survey pins marking property corners are protected: moving them is an offence under the Criminal Code. Call BC 1 Call before digging near the line.
Next, talk to the neighbour with the plan in hand. A friendly conversation and a short written agreement can head off a much more expensive problem. If that does not work, a lawyer can tell you whether an application under section 36 makes sense. For small money claims, People's Law School notes the Civil Resolution Tribunal handles claims under $5,000, but removal, easements and title changes are for the Supreme Court.
One more practical point: fences have their own rules. A fence built entirely on your side is yours. A fence on the line is shared, and you generally cannot take it down or alter it without your neighbour's agreement or a court order. Municipal bylaws also set limits on height and placement, so check with your city or district before building or replacing one. If you are weighing work near a lot line, my posts on tree-cutting permits and what the new zoning allows on a lot cover other rules that apply at the edges of your property.
What This Means for You
If you are a buyer, an encroachment is not automatically a reason to walk away. A shared fence that sits a few inches off, or a driveway that has been in place for years, is a very different thing from a garage that crosses the line. What matters is that you know about it before subject removal, not after. I would ask for a survey or Real Property Report, read the PDS answer on encroachments, and ask your lawyer or notary what the title search shows. If something turns up, you can ask the seller to resolve it, adjust the price, or decide it is not for you.
If you are a seller, finding out early is worth the effort. An encroachment you discover and explain, with a plan in hand, is a manageable conversation. One a buyer finds late tends to lead to a longer subject period or a request for a price reduction. If you already know your fence, shed or driveway crosses the line, talk to your lawyer before you list, and answer the PDS question honestly.
If you are the neighbour on the receiving end, a calm start usually works best: get the survey, share it, and leave room for an agreement before anyone calls a lawyer. Legal disputes between neighbours can be expensive, and they can follow both properties for a long time.
I am not a lawyer, and the right answer depends on the specific survey and the specific facts, so please have a BC real estate lawyer review anything that affects ownership of land.
Looking at a North Shore home with a boundary question?
If you are weighing a property and something about the fence, driveway or lot lines does not add up, reach out. No pressure and no timeline: get in touch with me here, and we can go through what to ask for and who to ask.
Related Reading
What Is a Statutory Right of Way on a BC Property, and Can I Still Build on It?
Do I Need a Permit to Cut Down a Tree on My North Shore Property?
What Is Small-Scale Multi-Unit Housing, and Does It Apply to My Lot?
Should I Get a Sewer Line Camera Inspection Before Buying a North Shore Home?
604.317.4464
Matt@RossettiRealty.ca
About Matt Council
Matt Council is a North Vancouver Realtor and West Van specialist with a background in finance, focused on a data-driven, pressure-free approach to buying and selling on the North Shore.