Can I build a fence across a drainage easement on my property in Surrey?

Generally, no — you cannot build a permanent fence across a registered drainage easement on your property in Surrey without the easement holder's written consent, and even with consent, the fence design must allow unobstructed access for maintenance and not impede water flow. Drainage easements are legal rights granted to the municipality (City of Surrey), a utility, or a neighbouring property to access and maintain drainage infrastructure, and building a permanent structure across one can result in a forced removal order at your expense.

A drainage easement is a legal encumbrance registered on your property's title at the BC Land Title Office. It typically grants the City of Surrey (or sometimes Metro Vancouver Regional District for regional drainage) the right to access a specific strip of your property — usually 3 to 6 metres wide — to maintain ditches, culverts, storm sewers, swales, or overland drainage paths. Even though you own the land, the easement restricts what you can build on it. The easement terms are spelled out in the registered document, and they almost universally prohibit permanent structures, including fences with concrete footings, that could interfere with drainage flow or block maintenance access.

Surrey has an extensive network of drainage infrastructure because much of the city sits on relatively flat, low-lying terrain with a high water table. The City takes drainage easement enforcement seriously — if you build a fence across a drainage easement without approval and it causes flooding on neighbouring properties or prevents the City from performing maintenance, you can be ordered to remove the fence and may be liable for any damage caused.

Before building any fence near a drainage easement, take these steps. First, obtain a copy of your property's title search from the BC Land Title Office (available online through BC Land Title and Survey Authority for about $15). This document lists all registered easements and their terms. Second, request a copy of the easement plan showing the exact location and width of the easement on your lot. Third, contact the City of Surrey Engineering Department to discuss your fencing plans — they can tell you whether any accommodation is possible for your specific situation.

There are limited circumstances where a fence may be permitted on or across a drainage easement. Some municipalities allow removable or temporary fencing that can be taken down quickly for maintenance access — for example, a fence with posts set in ground sleeves (rather than concrete) that can be pulled out, or a section with a wide gate that provides full-width equipment access. The City of Surrey may grant written permission for this type of installation, but it requires formal approval and typically comes with conditions — such as your obligation to remove the fence section within 24 to 48 hours of a maintenance access request, at your own cost.

Chain-link fencing is sometimes permitted along the edges of drainage easements (not across them) because it doesn't impede water flow and can be cut and replaced if emergency access is needed. However, this still requires confirmation from the City.

What happens if you build without checking? If you install a fence across a drainage easement without the easement holder's consent, the City of Surrey can issue a removal order requiring you to take down the fence at your own expense. If the fence causes drainage problems — backing up water onto neighbouring properties, damaging drainage infrastructure, or impeding flow during heavy rainfall — you may be liable for the resulting damage. Insurance typically does not cover losses arising from unauthorized construction on easements.

The practical impact on your fencing project depends on where the easement crosses your lot. If it runs along the rear property line, you may need to set your fence 3 to 6 metres forward of the rear boundary, reducing your usable fenced area. If it bisects the middle of your lot, you'll need a creative solution — possibly a fence that stops at each side of the easement with a wide removable section or gate system across the easement itself.

This is one situation where a property survey by a licensed BC Land Surveyor is essential. The surveyor can physically mark the easement boundaries on your lot so your fence contractor knows exactly where the restriction begins and ends. A survey costs $500 to $2,000 but prevents the far more expensive mistake of building a fence that must be removed. Need help planning a fence around a drainage easement? Vancouver Fence Builders can connect you with contractors experienced in navigating these situations.

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