Does My Neighbor Have The Right To Enter My Yard To Repair Their Fence

What are my rights?

Do I need my neighbour'south agreement before I tin can build a contend between our properties?

Yeah
Maybe
No

Fences serve many purposes. They tin can mark property boundaries, continue pets or children safe, offer privacy, or limit unwanted guests. But they can also atomic number 82 to tensions and conflicts. Neighbours may disagree about where a fence can exist congenital, what type of argue to build, or who should behave the cost of edifice or repairing a fence. Larn how to bargain with problems involving fences and neighbours.

What you should know

Holding owners can build a contend around their property

In BC, holding owners are immune to build a contend (or plant a hedge) effectually their property. Some rules restrict what kind of contend is allowed and where it can be placed, as explained below.

Except in a few specific situations, no 1 is required to build a fence. No constabulary says a fence must divide neighbouring properties; most people but concur to have i. Still, in some specific situations, a fence tin be legally required. For example:

Some communities have local bylaws that crave swimming pools to be fenced.
Many communities have local bylaws that require domestic dog owners to continue their dog within a securely fenced area.
Some housing developments (for instance, some strata properties ) have bylaws that require fencing around individual units or common holding.

Detect a local bylaw

On the website CivicInfo BC, you can search across local regime websites province-wide to notice local bylaws for your community. In the search box, type in a keyword on point, the word bylaw, and your customs name.

For example, to find a fence bylaw for Victoria, you lot could type contend bylaw victoria.

Where a fence can be built

At that place are rules on where a fence tin be placed. A property owner can build a fence anywhere on their side of the dividing line between ii backdrop (also called the holding line). If a property owner wants to put a contend rightalong the belongings line, they can do then simply if the owner of the adjacent property agrees.

A personcan't build a fence on property that's not theirs — unless they get permission to do then.

It is the property owner's responsibility to ensure they locate the property line accurately. A state survey can aid place the location of a property line. A survey will testify the location of the iron pins in the ground (known as survey monuments) that mark the property corners and boundaries.

How to get a country survey

If there's a dispute well-nigh where a fence should go, a state survey will prove the location of a belongings line between adjoining properties. Y'all can search the BC land title say-so to encounter if a land survey is part of the public tape for a property. You can also hire a registered BC country surveyor to come to the holding and place the property line.

Who is responsible for the cost of a fence

If a holding owner installs a debate completely on their side of the property line, the fence is theirs. And so is the bill for it.

If the contend is on the property line, the neighbours on either side are, legally, equal partners in the fence. Generally, each must pay half the cost of building or repairing the fence. Just there are exceptions.

What type of argue can exist congenital

Most cities and towns in BC accept local bylaws that determine the kind of argue you tin can put up. These bylaws fix the rules: what materials you can (and can't) use, how high the argue tin be, then on.

For example, in many communities, a fence between residential properties can't be fabricated from barbed wire or razor wire. It tin't be electrified.

Maximum contend height often varies based on the zoning of the belongings and where the fence is on the holding. Typically, a front-chiliad fence can be no more than four anxiety high. Side and back fences can exist up to 6 anxiety high.

On corner lot backdrop, another factor may be in play: traffic. In many communities, a argue on a corner lot can't obstruct the sightlines of drivers at the intersection.

Bank check with your city or town hall to detect the contend bylaw that applies in your community. On the website CivicInfo BC, you can search beyond local government websites province-wide to find bylaws relating to fences in your customs.

Some types of properties may have boosted rules

If y'all live in a planned community or a strata property , in that location may be additional rules effectually argue edifice. A strata property's bylaws, for example, may dictate the style, size and maintenance requirements of the debate. Or they may not allow a fence at all.

If you want to build a debate

If you're thinking of building a debate, talk with the neighbours who live in adjoining properties.

Even if the fence will exist on your land — in which case you don't strictlydemand your neighbour's agreement to build it — people appreciate being consulted about changes that can touch their views or their property value.

To exist clear, if y'all desire to build a fence along the holding line, y'allmust consult your neighbour. Yous can't simply impose a shared fence on them. You two need to hold on the type of the fence and the toll.

Exercise you demand a edifice permit?

Typically, no. Even so, many communities have local bylaws requiring a building permit in certain situations. For example, if you're putting upwardly a fence on a retaining wall or effectually a swimming pool, you'll usually demand a permit.

Before you starting time the actual fence building, find out if there are whatever restrictions on your property. For example, fences aren't permitted across an easement unless they're specifically allowed under that easement.

It'southward your responsibility to find the correct belongings line. Y'all can search the BC country title authority. If they accept a land survey for the property, it'll show the property line. Otherwise, yous tin can hire a registered BC state surveyor to come out and find the property line for you.

Before you make a final plan for your contend, consider the nearby copse and plants. At that place may be tree roots that could interfere with your fence — now or in the time to come. A tree with an overhanging canopy might drib a heavy branch on your handiwork.

When you're building the fence

When building the argue, don't move any survey monuments that mark the corners or boundaries of the belongings. This is an offence under theCriminal Lawmaking.

Call before y'all dig

You tin can contact BC i Call (for free) at 1-800-474-6886 to find out what'south cached on your holding, such as pipelines, telecommunications cables, water and sewage lines, and electrical wires. Knowing what's nether your property reduces the risk of accidents when digging.

If a contend crosses into a neighbour'south property

Sometimes it turns out a fence isn't on the holding line afterwards all. This can cause conflict, particularly where a contend you built is actually in your neighbour's yard.

Under BC law, either neighbor tin can utilize to court for a resolution. The court can do one of three things:

Order removal. The "encroaching owner" must dismantle whatever part of the contend that is enclosing the neighbour's country.
Grant an easement . The encroaching owner is allowed to keep the fence where it is. Just the neighbor is awarded compensation for the easement.
Transfer title . The encroaching owner receives title to the enclosed land. The neighbor is compensated for the transfer.

In deciding which of these iii courses of activity to accept, a court will consider:

The intentions of the encroaching owner. Was this an accident or a knowing intrusion? The courtroom will be more likely to order the argue removed if the encroaching owner seems to accept deliberately built onto the neighbouring belongings.
The extent of the intrusion. How much does the fence intrude? If the diversion from the property line is minor, the court will be less likely to order removal and more than likely to grant an easement or transfer of championship.
The practicalities. How costly would information technology be to remove or relocate the fence? If it'due south an expensive proposition — say, the fence is fabricated of physical — the court will more likely grant an easement or transfer title, rather than order removal.

A faster way to get into court

Where a fence intrudes onto adjoining holding, either neighbour can seek a resolution under BC police force. This tin can be washed through an application past petition in BC Supreme Court. This route is by and large quicker and cheaper than a total legal action . The entire process tin have one or 2 months between the commitment of materials and the hearing.

Keeping a fence in good repair

Many cities and towns in BC have local bylaws requiring belongings owners to maintain their argue in adept repair. If the debate runs along a property line, property owners on both sides are expected to contribute as to its upkeep.

In rural areas, the owners of adjacent properties must maintain and repair the contend between them, according to this BC law. Each owner is liable to the other for half of any cost reasonably incurred for upkeep and repair.

Work out problems

Step 1. Talk with your neighbour

Whether you're thinking of edifice a contend or y'all're concerned about a neighbour's fence, the first step is to try talking with your neighbour. Explicate your plans or concerns, and ask for their thoughts.

If you're the fence builder, start by explaining why you want it. (It's hard to fence against, say, a fence intended to go on children prophylactic.) Describe the type of debate y'all're planning, its location, and its estimated toll. If y'all aim to put it correct on the property line, you need your neighbour'due south consent (encounter above under what yous should know). Invite the neighbour to explore options that will piece of work for both of you.

If yous have issues with a neighbour'south fence — for example, it's likewise loftier or information technology intrudes onto your holding — explain your concerns. If your neighbour understands where you're coming from, information technology tin exist easier to explore solutions together.

To assistance you ready for the conversation, we offer tips for talking with your neighbour and a template for preparing for the talk.

Getting quotes

If you want to build or repair a fence, it can assist to get a written cost quote from one to iii contractors. That way, you and your neighbor have concrete options to consider. If the neighbour agrees to keep, yous tin both sign a re-create of the successful quote and the amount you each agree to pay. This can foreclose problems downwardly the line.

Footstep 2. Write a letter of the alphabet to your neighbour

If talking with your neighbor doesn't resolve matters, you lot can write a letter of the alphabet setting out your plans or concerns. For example, say yous're concerned with the height of a neighbour's planned new contend. In your letter to your neighbour:

Explain your concerns. For example: The fence is college than what is allowed under the local bylaws , and it will block the sunshine on my vegetable garden.
Suggest means the situation might be resolved. For instance: It would make a real difference if the pinnacle of the fence was reduced by two feet.
Reveal your intentions if they outright pass up. For example: I'thou prepared to get the municipality involved.

Pace 3. Try mediation

If you're unable to resolve the matter directly with your neighbor, yous could consider mediation . This involves you and your neighbour meeting with a mediator , who'll work to assist you reach an understanding. Mediation is quicker and much less expensive than taking legal action . We explain here how mediation works.

Finding a mediator

Yous tin can search for a mediator based on the community you live in and the type of problem you accept. On the ADR Plant website or the Mediate BC website, selectcommunity for the expanse of expertise or practice.

Step 4. Contact your municipality

Whether you're concerned nearly a neighbour's fence or planning to build a fence, there can be circumstances that atomic number 82 y'all to contact your local municipality. CivicInfo BC has contact information for municipalities across the province.

For example, yous may doubtable your neighbour's fence doesn't comply with local bylaws , such as rules virtually a fence's pinnacle, materials or placement. In this case, find out who'southward responsible for enforcing the relevant bylaw. After receiving your complaint, the municipality may inspect the problem and social club your neighbour to ready it by issuing a notice of bylaw violation.

If, in building a debate, y'all want to practice something that isn't allowed nether the local bylaws, you can seek a relaxation of the rules. This volition require you lot to appear earlier your municipality'due south "lath of variance" to explain how the restriction in question causes you hardship.

Step v. Consider legal action

If none of the above steps accept resolved the problem, it may exist time to consider legal action . For example, if your neighbour has built a fence that encloses office of your holding, y'all could kickoff an action for trespass . You could also apply to court for a resolution nether this BC police force. Come across what y'all should know, above, for what'due south involved in this blazon of claim.

If your claim is for less than $35,000, you can bring a legal action in Pocket-size Claims Court. It's faster and less complicated than suing in the British Columbia Supreme Court.

If your claim is for less than $five,000, you can file online with the Civil Resolution Tribunal. It's faster yet once again, and designed to aid parties resolve their dispute collaboratively.

Taking legal activeness against a neighbour will nearly certainly strain your relationship — no pocket-sized matter since you're living side by side. Think of it, therefore, every bit a terminal resort.

Common questions

What if my neighbour doesn't concur to edifice a argue?

If you want to build a fence forth the property line, you lot tin can do so simply if the possessor of the next belongings agrees. It makes no difference if you intend to pay the total cost.

If your neighbour doesn't concord, your all-time bet is to build the fence then that it falls entirely on your side of the property line. As such, information technology's especially important that you accurately locate the property line. (See what you lot should know, to a higher place.)

Can I replace the fence that runs along my holding line?

If you intend to remove or modify an existing debate along a property line, you lot must have either your neighbour'south agreement or a court order.

A debate built on the belongings line belongs to both property owners. You are jointly responsible for the budget of the fence. Neither can have it down without the other's permission.

Who tin help

Helpful agencies

Clan of BC Country Surveyors

Maintains a searchable list of land surveyors and regulates surveying in BC.