Who is responsible for the fence between my property and my neighbour's in BC — what does the law say?

In BC, responsibility for a fence on a shared property line is governed by the BC Property Law Act, which generally treats boundary fences as a shared obligation between both neighbouring property owners. However, the practical reality is more nuanced than a simple 50/50 split, and understanding the details before you approach your neighbour — or start any work — will save you significant frustration.

What the BC Property Law Act Actually Says

The BC Property Law Act establishes that a fence sitting directly on the boundary between two properties is considered a shared structure. Both owners have a legal interest in it, and both share responsibility for its upkeep. This means neither owner can unilaterally remove or significantly alter a boundary fence without the other's consent, and neither can force the other to pay for an upgrade beyond what is reasonably necessary to maintain a functional fence.

The key word in the legislation is reasonable. If the existing fence is functional — even if weathered or plain — your neighbour is not legally obligated to split the cost of a premium cedar upgrade simply because you'd prefer something nicer. Cost-sharing disputes most commonly arise when one owner wants a higher-quality or taller fence than the other considers necessary. In those situations, the owner who wants the upgrade typically pays the difference above the cost of a standard replacement.

What This Means in Practice

Before any work begins, have a direct conversation with your neighbour and get any agreement in writing — even a simple email exchange confirming who pays what, what style of fence is being built, and which contractor is being used. This protects both parties and prevents disputes after the invoice arrives.

A few practical points worth knowing: the finished side of a board fence (the flat, clean face) is traditionally placed facing the neighbour's property, with posts and rails on your side. This is a long-standing convention in Metro Vancouver, not a legal requirement, but ignoring it can create unnecessary friction. Board-on-board (shadowbox) fencing is an excellent solution to this issue entirely — it looks identical from both sides, so there's no "good side" debate.

If your fence is on a strata property, the Property Law Act takes a back seat to your strata bylaws. Strata councils often have specific rules about fence materials, colours, and approval processes. Always get written strata council approval before touching any fence on strata land, regardless of what your neighbour agrees to.

When Neighbours Disagree

If your neighbour refuses to contribute to a fence replacement that is genuinely necessary — for example, a rotted fence that poses a safety risk or has structurally failed — your options become more limited. BC does not have a dedicated "fence act" equivalent to what some other provinces have, so disputes that cannot be resolved through direct negotiation may require the BC Civil Resolution Tribunal (for disputes under $5,000) or Small Claims Court. For more complex boundary disputes or situations where the fence location itself is in question, consulting a BC property lawyer is the right move. This is not legal advice — it's a practical signpost toward the right professional.

Confirm the Property Line First

Before any fence conversation with your neighbour, confirm where the legal boundary actually sits. Many Metro Vancouver homeowners are surprised to discover their existing fence is not on the true property line — sometimes it's a foot or more onto one owner's land. A survey by a licensed BC Land Surveyor establishes the legal boundary definitively and protects you from building in the wrong location. Surveys typically cost $1,000–$3,000 in Metro Vancouver, but they prevent disputes that can cost far more to resolve.

Also, before any digging begins, call BC One Call at 1-800-474-6886 for a free utility locate. This is legally required in BC before breaking ground for post holes.

If you're ready to move forward with a fence project and want to find a qualified local contractor, Vancouver Fence Builders can match you with fence professionals in Metro Vancouver at no cost — find them through the Vancouver Construction Network at vancouverconstructionnetwork.com.