Can my neighbour legally remove a fence that I paid for in British Columbia?

It depends entirely on where the fence is located relative to the property line — if the fence sits on the common boundary between your properties, your neighbour has rights to the fence under BC's Property Law Act regardless of who paid for it, but they cannot unilaterally remove it without following proper legal process. If the fence is entirely on your property, your neighbour has no right to touch it whatsoever, and removing it would constitute property damage and potentially trespass.

The critical question is where exactly the fence sits, and this is where many disputes begin. There are three possible scenarios, each with very different legal implications.

Scenario 1: The fence is on the common boundary line. Under Part 5 of the BC Property Law Act (RSBC 1996, Chapter 377), when a fence is located on the boundary between two adjoining properties, both property owners share responsibility for maintaining it — regardless of who originally paid for construction. This is a legal principle that surprises many homeowners. If you paid $8,000 to build a cedar privacy fence directly on the property line, the law treats it as a shared boundary fence that both you and your neighbour have rights to. Your neighbour cannot simply tear it down without your agreement, but they also have a legal interest in it. If the fence falls into disrepair, either owner can require the other to contribute to its repair or replacement. If your neighbour wants to remove the boundary fence and you don't agree, you can apply to the BC Civil Resolution Tribunal (CRT) for an order preventing removal or requiring contribution to a replacement.

Scenario 2: The fence is entirely on your property. If the fence is set back even a few centimetres from the property line onto your side, it is your fence exclusively. Your neighbour has no legal right to modify, damage, or remove it. If they do, they are liable for property damage — you can claim the cost of repair or replacement through the CRT (for claims up to $5,000) or BC Small Claims Court (up to $35,000). You could also report the removal to police as mischief under the Criminal Code, though police rarely pursue fence disputes as criminal matters unless there are aggravating circumstances.

Scenario 3: The fence is entirely on your neighbour's property. If a survey reveals that the fence you paid for was actually built on your neighbour's side of the property line — even by a small amount — the legal situation becomes complicated. You built a structure on someone else's property, and your neighbour may have the right to require its removal. This is one of the strongest arguments for getting a property line survey before building any fence — a $500 to $2,000 survey prevents a $5,000 to $15,000 dispute.

The practical reality in Metro Vancouver is that most residential fences are built approximately on the property line, without a precise survey, by one homeowner who pays the full cost. Over decades, fences are replaced, shifted slightly, and the original property line becomes uncertain. When a new neighbour moves in — or when an existing neighbour relationship deteriorates — the question of who owns the fence and who can do what with it suddenly matters.

What to do if your neighbour threatens to remove your fence: First, determine whether the fence is on the boundary or on your property. If you don't have a recent survey, this may require hiring a BC Land Surveyor ($500 to $2,000 in Metro Vancouver). Second, communicate in writing (email or letter) that you do not consent to the fence's removal and that you believe the fence is your property (or a shared boundary fence under the Property Law Act). Written communication creates a record that is valuable if the dispute escalates. Third, if your neighbour removes the fence despite your objection, document the damage with photographs and video, including the state of the fence before and after removal. Fourth, file a dispute with the BC Civil Resolution Tribunal at civilresolutionbc.ca — the application fee is $75, and the CRT can order your neighbour to pay for repairs, replacement, or damages.

What your neighbour CAN do with a boundary fence under the Property Law Act includes requiring you to share the cost of maintenance and repair, proposing that the fence be replaced (with shared costs), and making reasonable use of their side of the fence (attaching plants, painting their side). What they cannot do unilaterally is remove the fence, significantly alter its height or structure, or replace it with a different type of fence without your agreement. Any unilateral action that damages or removes a boundary fence can result in a CRT order requiring restoration and compensation.

Protecting yourself when you pay for a boundary fence: If you're paying the full cost of a fence that sits on or near the property line, consider these steps. Get a written agreement with your neighbour before construction that acknowledges the fence location, who paid, and the shared maintenance responsibilities under the Property Law Act. Ensure the fence is built entirely on your property (set back 5 to 10cm from the survey line) so it's unambiguously yours — though this means you lose a few centimetres of yard space. Keep all receipts, contracts, and photographs of the installation. These records are essential evidence if a dispute arises years later with a new neighbour who wasn't party to the original arrangement.

If you're currently facing a fence removal threat or dispute, the CRT's Solution Explorer at civilresolutionbc.ca can help you understand your specific rights before you decide whether to file a formal dispute.

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