What recourse do I have if my neighbour's new fence is actually on my property in Burnaby?

If your neighbour's new fence is encroaching on your property in Burnaby, your first step is to establish the legal boundary with a licensed BC Land Surveyor — everything else flows from that. Without a survey, you're working from assumption, and assumptions don't hold up in a dispute.

Get a Survey First

Before any conversation with your neighbour, hire a BC Land Surveyor to locate your legal property corners and confirm exactly where the boundary sits. You can find licensed surveyors through the Association of BC Land Surveyors (abcls.ca). A residential boundary survey in Metro Vancouver typically costs $1,500–$3,500 depending on lot complexity, how recently the property was last surveyed, and whether existing survey pins can be found. It's not cheap, but it's the only evidence that carries legal weight.

Once you have the survey in hand, you'll know precisely how far the fence encroaches — whether it's 2 inches or 2 feet makes a significant difference in how you proceed.

Talk to Your Neighbour First

In most cases, fence encroachments are honest mistakes — the neighbour assumed a property pin location, eyeballed a line, or trusted an old fence that was itself incorrectly placed. A calm, factual conversation with the survey report in hand resolves many of these situations without lawyers or legal proceedings. Show your neighbour the survey, explain the encroachment, and propose a reasonable timeline for moving the fence.

Document everything in writing — even a simple follow-up email after a verbal conversation creates a paper trail if the situation escalates.

If Your Neighbour Refuses to Act

If your neighbour acknowledges the encroachment but won't move the fence, or disputes the survey results, your options include:

Mediation through the Dispute Resolution Office of BC (gov.bc.ca/disputeresolution) is a lower-cost alternative to litigation. A neutral mediator helps both parties reach a binding agreement. This is faster and far less expensive than going to court.

BC Civil Resolution Tribunal (CRT) handles property disputes up to $35,000 and is designed for self-represented parties. For a fence encroachment, this is often the most practical legal avenue — you can file online at civilresolutionbc.ca. The CRT can order the fence to be moved and may award costs.

BC Supreme Court is the appropriate venue for more complex boundary disputes, significant encroachments, or cases where the property value impact is substantial. You'll need a lawyer for this route. Consult a BC property lawyer — not a general practitioner — for advice specific to your situation.

The BC Property Law Act and Encroachments

Under BC property law, a fence built on your land without your permission is technically a trespass. However, courts look at factors like how long the encroachment has existed, whether you were aware of it, and whether you took steps to address it. Acting promptly matters — long-standing encroachments that go unchallenged can complicate your legal position over time.

Practical Burnaby-Specific Notes

The City of Burnaby's building department can confirm whether the fence required a permit and whether it was built in compliance with local bylaws, but Burnaby does not adjudicate property line disputes — that's a civil matter between property owners. The city won't order the fence moved based on a bylaw complaint alone if the fence is otherwise compliant in height and construction.

One important caution: do not remove or damage the fence yourself, even if you're confident it's on your land. Self-help remedies like tearing down a neighbour's fence expose you to liability for property damage regardless of who owns the underlying land.

If you're planning a fence of your own once this is resolved, Vancouver Fence Builders can match you with a local Burnaby contractor who will work from your survey pins and install on the correct line. Get matched for free through the Vancouver Construction Network at vancouverconstructionnetwork.com.