What does the BC Property Law Act say about shared fences and property boundaries?

Part 5 of the BC Property Law Act (titled "Boundaries") is the primary legislation governing shared fences and property boundaries in British Columbia, establishing that adjoining landowners share responsibility for boundary fences and providing a legal framework for resolving fence disputes. While the Act provides important rights and obligations, it's not as detailed as many homeowners expect — much of the practical application comes from case law and common sense.

The core principle of Part 5 is shared obligation. The Act establishes that when two properties share a common boundary, both owners benefit from a fence on that boundary and both share the responsibility to maintain it. This applies whether the fence was built by one owner, the previous owner, or a builder decades ago. The obligation runs with the land, not the person — so when you buy a property with a shared boundary fence, you inherit the shared maintenance obligation.

The Act provides a legal process for fence disputes. If one owner wants to build or repair a boundary fence and the other refuses to contribute, the Act allows application to the BC Supreme Court for an order requiring contribution. The court can order the reluctant owner to pay a fair share of the cost of erecting or repairing the fence. However, the court has discretion in determining what constitutes a "fair share" and what type of fence is appropriate — it's not an automatic 50/50 split on whatever one party wants to build.

What the Act does NOT specify. The BC Property Law Act does not dictate specific fence heights, materials, or styles — those are governed by municipal bylaws (which vary across Metro Vancouver's 21+ municipalities). It does not establish an automatic right to enter your neighbour's property to build or repair a boundary fence (you need permission or a court order). It does not override strata bylaws or restrictive covenants that may impose additional fence requirements. And it does not provide a quick, cheap dispute resolution mechanism — the Supreme Court process is formal and expensive.

Boundary determination under the Act. Part 5 also addresses how property boundaries are established and confirmed. The Act works in conjunction with the BC Land Title Act and the land title registration system (Torrens system) administered by the Land Title and Survey Authority (LTSA). Property boundaries are legally defined by the survey plans registered with the LTSA, and a licensed BC Land Surveyor can establish or re-establish boundary markers on the ground. In Metro Vancouver, a residential boundary survey costs $1,000-$3,000.

Adverse possession and boundary fences. An important aspect of BC's property law is that adverse possession ("squatter's rights") has been largely eliminated for registered land under the Torrens system. This means your neighbour cannot claim ownership of a strip of your land simply because their fence has been sitting on it for 20 or 30 years. The legal boundary remains where the registered survey plan says it is, regardless of where fences have been placed over the decades. This is good news for homeowners who discover an old fence is in the wrong location — the legal boundary has not moved.

Practical implications for Metro Vancouver homeowners. The Act's shared-responsibility framework works best when neighbours communicate. Before building or replacing a boundary fence, have a conversation about fence type, materials, cost-sharing, and contractor selection. Get agreements in writing. If you're buying a home, review the property survey (if one was done at purchase) to understand where your boundaries actually are — don't assume the existing fence marks the line.

The BC Civil Resolution Tribunal (CRT) as an alternative. While the Property Law Act directs disputes to BC Supreme Court, the CRT now handles certain property disputes at lower cost and with a faster, online-based process. For fence disputes involving modest amounts, the CRT may be a more practical option than Supreme Court proceedings, which can cost $5,000-$15,000+ in legal fees.

When to consult a BC property lawyer. If you're facing a boundary fence dispute that cannot be resolved through direct negotiation, consult a lawyer who specializes in BC property law. An initial consultation typically costs $200-$500 and will clarify your rights under Part 5, the strength of your position, and the most cost-effective path to resolution. For straightforward fence cost-sharing disagreements, a lawyer's letter alone often resolves the matter without court proceedings.

Need help finding a fence contractor for a boundary fence project? Vancouver Fence Builders can connect you with experienced professionals through the Vancouver Construction Network.

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