Think your neighbour's fence, shed or garage sits on your land? In BC the answer starts with a survey, not the fence line. Here is how encroachment claims work, why long use does not transfer registered land, and what the Supreme Court can order.
A new fence goes up and it seems to take a strip of your yard. Or a survey for a sale shows your neighbour's garage crossing the line. Boundary problems feel personal, but the law that decides them is fairly technical.
This guide explains how property lines are actually established in BC, why the old idea of "squatter's rights" does not work against registered land, and the options the courts have when a fence or building is in the wrong place.
Start with the survey, not the fence
Most boundary disputes begin with an assumption: the fence, hedge or old retaining wall marks the line. Often it does not. Fences get built by eye, replaced in slightly different spots, or placed for convenience around trees and slopes. The legal boundary is the one shown on the registered plans and survey evidence for your lot, not where a fence happens to stand.
That is why the first practical step is usually a survey by a BC land surveyor. A surveyor can locate the boundary from the registered plans and any existing survey posts, and mark it on the ground. If your neighbour disagrees, a written survey gives both of you something more solid than memory or old photographs to work from.
- Check what you already have. Your purchase file may include a survey certificate or building location report. It can be a useful starting point, though it may be out of date.
- Ask whether your neighbour has one. Sharing survey results early can end a disagreement before it hardens.
- Do not move or remove survey posts. They are evidence for both owners.
Why years of use usually do not change who owns the land
Many people have heard that if a neighbour uses land long enough, it becomes theirs. In BC, that is generally not true for land with a registered title. Section 23(3) of the Land Title Act says that after an indefeasible title is registered, a title adverse to the registered owner is not acquired by length of possession. Section 24 also abolishes acquiring rights over land by prescription, which is the old route to an easement through long use.
So a fence that has stood in the wrong place for twenty years does not, on its own, move the boundary. There is a narrow exception in section 23(4) tied to the very first indefeasible title registered for a parcel, and the Act separately preserves a person's right to show that land was wrongly included in a title by a mistaken description of boundaries. Those situations are uncommon, but they are one reason older or rural properties deserve a closer look.
That does not mean the history is irrelevant. How and when a fence or building ended up in the wrong place can still matter when a court decides what to do about it, which leads to the encroachment provision.
What a court can order when a fence or building encroaches
Section 36 of the Property Law Act deals with the situation where, on a survey, a building is found to encroach on adjoining land, or a fence has been placed so that it encloses part of a neighbour's land. On application, the Supreme Court may:
- Grant an easement to the encroaching owner for a period the court decides, on payment of compensation the court sets;
- Transfer title to the encroached strip to the encroaching owner, again on compensation the court determines; or
- Order removal of the building part or the fence so it no longer encroaches or encloses the neighbour's land.
The court has a choice, and the outcome depends on the facts. A few centimetres of a garage foundation is a different problem from a fence that cuts off a meaningful part of a backyard. Cost of removal, how the encroachment happened, and the effect on each property tend to be central. Because section 36 relief comes from the Supreme Court, these are not usually quick or inexpensive cases, which is a good reason to try to settle first.
Practical steps before anyone goes to court
Most boundary disagreements are resolved without a hearing. The steps that tend to help:
- Get the facts on paper. Survey results, photographs, and any records of when the fence or structure was built.
- Talk early and stay civil. Neighbours often did not know their fence was off the line.
- Put any deal in writing. A written boundary or fence agreement, and where appropriate a registered easement or a formal adjustment of the lot lines, avoids the same argument with the next owner.
- Avoid self-help. Tearing out a fence or structure you believe is on your land can create a separate claim against you.
- Check local rules. Municipal bylaws commonly regulate fence height and placement, separate from who owns the land.
If talks stall, a lawyer's letter setting out the survey evidence and a proposed fix is often the next step. Our guide to sending a demand letter before suing explains how that works. For trees, noise, drainage and choosing the right forum more generally, see our overview of neighbour disputes in BC.
Buying or selling? Encroachments show up at the worst time
Encroachments are often discovered during a sale, when a buyer's lender or lawyer asks for a survey and a neighbour's carport or a fence turns out to be over the line. That can delay completion or change the negotiation. Buyers should ask about surveys and visible fences early, and sellers who know of a problem are better off dealing with it before listing. Our article on what your real estate lawyer does before completion day covers the title review side.
When legal advice is worth it
Get advice if a neighbour is refusing to move a fence after a survey, if a structure is involved, if the dispute affects a sale, or if you have received a demand or court papers. The order the court can make under section 36 is flexible, and how you frame the problem, and what compensation is realistic, matters from the first letter.
Facing a boundary dispute with a neighbour? Get clear on your options before it escalates
Our litigation lawyers can review your survey evidence and title, explain the remedies available under the Property Law Act, and help you negotiate a written resolution or bring or defend a court application.
Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.
Sources
- Effect of indefeasible title; no title by length of possession (s 23(3)); prescription abolished (s 24) — Land Title Act, RSBC 1996, c 250, ss 23 to 25 (checked October 14, 2026)
- Encroachment on adjoining land: easement, vesting of title or removal, on compensation the court determines — Property Law Act, RSBC 1996, c 377, s 36 (checked October 14, 2026)
General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.