What should I do if my neighbour's fence is on my property in BC?

If you believe your neighbour's fence is encroaching onto your property, the first step is to confirm the actual property line with a licensed BC Land Surveyor before taking any action — assumptions about where the boundary sits are wrong more often than homeowners expect. Acting on a visual estimate or an old fence line without survey confirmation can lead to unnecessary conflict and legal costs.

Get a professional boundary survey. Hire a surveyor certified through the Association of British Columbia Land Surveyors to establish the exact legal boundary. A residential boundary survey in Metro Vancouver costs $1,000-$3,000 and will provide a survey certificate showing precisely where your property line is on the ground, typically marked with stakes or flagging tape. This document is legally defensible and forms the foundation for any conversation or dispute resolution with your neighbour. Without it, you have no objective proof of encroachment.

Once you have survey confirmation, talk to your neighbour directly. Most fence encroachments in Metro Vancouver happen by accident — the original fence builder set the posts in the wrong location, or a replacement fence followed the same incorrect line. Share the survey results with your neighbour in a friendly, non-confrontational way. Many homeowners are genuinely unaware their fence is off the boundary and will agree to adjust the fence location when presented with clear evidence. A calm conversation over the survey plan resolves the majority of these situations without legal involvement.

Understand your rights under the BC Property Law Act. Part 5 of the BC Property Law Act deals with boundaries and shared fences. If a fence has been in the wrong location for an extended period, the legal situation can become complex. In BC, the doctrine of adverse possession has been largely eliminated for registered land (Torrens system), so your neighbour generally cannot claim ownership of your land simply because their fence has been there for many years. However, the longer an encroachment persists, the more complicated resolution becomes — which is why acting promptly once you discover the issue is important.

If your neighbour refuses to address the encroachment, you have several options. You can send a formal written letter (through a lawyer if needed) requesting that the fence be relocated to the correct property line within a reasonable timeframe. If direct negotiation fails, BC's Civil Resolution Tribunal (CRT) handles property disputes up to $5,000 and strata disputes — this is a faster and less expensive alternative to court. For disputes involving larger amounts or complex boundary issues, you may need to pursue resolution through BC Supreme Court, though this should be a last resort given the legal costs involved.

Do not remove or modify your neighbour's fence yourself. Even if the fence is clearly on your property, taking unilateral action to remove or relocate it can expose you to claims for property damage and escalate the dispute. The legal process exists for a reason — follow it. If you need to build your own fence, you can install it on the confirmed property line (or 2-4 inches inside it), which effectively demonstrates the boundary without touching your neighbour's structure.

Document everything. Take photographs of the fence, the survey stakes, and any communication with your neighbour. Keep copies of the survey certificate, any letters sent or received, and notes from conversations including dates and what was discussed. This documentation is invaluable if the matter eventually requires legal resolution.

Consider the practical cost-benefit analysis. If the encroachment is only a few inches and doesn't materially affect your use of the property, some homeowners choose to document the survey results for their records and let the issue rest until the fence needs replacement — at which point the new fence goes on the correct line. A boundary dispute that goes to court can cost $5,000-$20,000+ in legal fees, which may not be worth recovering a 4-inch strip of land. On the other hand, if the encroachment is significant — a foot or more — or affects your ability to use your yard, build structures, or maintain your property, resolving it promptly is worth the effort.

When to consult a BC property lawyer: If your neighbour is uncooperative, if the encroachment is substantial, if there are structures beyond just a fence (sheds, driveways, landscaping) on your land, or if the fence has been in place for decades and the legal implications are unclear. An initial consultation with a property lawyer typically costs $200-$500 and will give you a clear picture of your options and the likely outcomes.

---

Find a Fencing Contractor

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

• I love kitchens LTD ✓
• Good Old Wood ✓
• Tonic Siding ✓