How do I resolve a fence dispute with my neighbour in British Columbia?

The best way to resolve a fence dispute with your neighbour in BC is through direct communication first, followed by mediation through the BC Civil Resolution Tribunal (CRT) if informal discussions fail — litigation should be an absolute last resort. Fence disputes are among the most common neighbour conflicts in Metro Vancouver, and they almost always cost more in time, stress, and money than the fence itself is worth.

Start with a direct conversation. Many fence disputes arise from misunderstandings — about where the property line actually is, who is responsible for maintenance, what the municipal bylaws allow, or what was agreed upon verbally years ago. Before assuming the worst, talk to your neighbour calmly and specifically about the issue. Bring relevant information: a copy of your property survey (if you have one), the municipal bylaw provisions on fence height and placement, and any written agreements about shared fences. Many disputes dissolve when both parties have accurate information about their rights and responsibilities.

Understand your legal framework. Fence disputes in BC are governed primarily by Part 5 of the Property Law Act (RSBC 1996, Chapter 377), which deals specifically with fences between adjoining properties. The key provisions include: when a fence is located on the common boundary between two properties, both owners share equal responsibility for maintaining it in reasonable condition. Either owner can require the other to contribute to the cost of repairing or replacing a boundary fence that has fallen into disrepair. The Act provides a process for one owner to serve notice on the other requiring contribution to fence costs. If the neighbour receiving notice does not agree, either party can apply to the BC Civil Resolution Tribunal (or, for claims over $5,000, BC Supreme Court) for a determination.

The BC Civil Resolution Tribunal (CRT) is the primary venue for resolving fence disputes in British Columbia. The CRT is an online dispute resolution tribunal — Canada's first — that handles strata property disputes, small claims, motor vehicle injury disputes, and neighbour disputes including fences. The CRT process is designed to be accessible, affordable, and faster than court. Filing fees are $75 for the application and $100 if the dispute proceeds to a tribunal decision. The entire process is conducted online, with document submission, evidence exchange, and even the hearing (called a "facilitated settlement" or "tribunal decision") happening through the CRT's web portal. Most fence disputes are resolved within 60 to 90 days through the CRT.

Before filing with the CRT, you must complete the CRT's Solution Explorer — an online self-help tool at civilresolutionbc.ca that guides you through your specific dispute type and provides information about your rights and options. The Solution Explorer also helps you understand whether the CRT has jurisdiction over your dispute. The CRT can order a neighbour to contribute to fence costs, remove or modify a non-compliant fence, pay damages for property damage caused by fence-related issues, and comply with the Property Law Act's shared responsibility provisions.

Property line verification is often the key to resolving fence disputes. Many disputes boil down to disagreement about where the property line actually is. A boundary survey by a licensed BC Land Surveyor provides legally definitive evidence of the property line. In Metro Vancouver, a boundary survey costs $500 to $2,000 depending on lot size, access, and whether existing survey pins can be located. If the survey reveals that a fence is on the wrong side of the property line, that evidence is persuasive in any CRT or court proceeding. The cost of a survey is almost always less than the cost of a prolonged dispute.

Mediation is available through Community Mediation Services in many Metro Vancouver communities and through the CRT's facilitated settlement process. Mediation involves a neutral third party helping both neighbours reach a mutually acceptable agreement. It's voluntary, confidential, and far less adversarial than a tribunal hearing. The CRT encourages mediation and provides facilitation as part of its process at no additional cost.

Common fence disputes in Metro Vancouver include disagreements about who pays for a shared boundary fence (the Property Law Act says both owners share the cost equally), fences built over the property line onto a neighbour's land, a neighbour's fence exceeding height limits and blocking light or views, disagreements about fence style or materials on a shared boundary, damage to a neighbour's property during fence installation, and a neighbour refusing to allow access to their side of the fence for maintenance.

What NOT to do: Never remove or damage a neighbour's fence without legal authority — this can constitute property damage and trespass, exposing you to liability. Never build a retaliatory fence (a "spite fence") designed to annoy your neighbour — courts and the CRT can order these removed. Never assume that because you paid for the fence, you own it exclusively — if it's on the boundary line, the Property Law Act's shared responsibility provisions apply regardless of who paid for construction.

If your dispute involves complex legal questions, significant property value implications, or claims exceeding $5,000, consult a BC property lawyer for specific legal advice. For most standard fence disputes, the CRT at civilresolutionbc.ca is the most practical and affordable resolution path.

---

Find a Fencing Contractor

Vancouver Fence Builders connects you with experienced contractors through the https://vancouverconstructionnetwork.com:

• Heilman Renovations ✓
• Theraluxe Home Wellness ✓
• SteelEdge Reinforcing Ltd. ✓