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Tag: Easements and Rights of Way

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My neighbour put a fence on my property: a guide to boundary disputes in BC

Written by WMWL Support on . Posted in News.

Discovering that a neighbour’s fence may be sitting on your property is one of the most common causes of boundary disputes across British Columbia. Whether you live in Victoria, Nanaimo, Campbell River, or elsewhere on Vancouver Island, these situations often create immediate stress surrounding property rights, privacy, liability, and future property value.

At Polaris Land Surveying, we act as the neutral legal authority in property boundary disputes. Before homeowners escalate matters to lawyers or court proceedings, it is essential to establish the technical facts through a professional land survey.

Here is what property owners should know about fence disputes, property lines, and boundary encroachments in BC.

1. Understanding Fence Disputes and Shared Property Lines

One of the first questions homeowners ask during a fence dispute is who is responsible for paying for a shared fence.

In British Columbia, if a fence is built directly along the legal property line, neighbouring property owners are generally considered equal partners and often share responsibility for maintenance and repair costs. However, a neighbour cannot simply force you to pay for a new fence without prior agreement regarding the type, location, and cost.

If a neighbour installs a fence without your consent, the fence should remain entirely within their own property boundaries. If it crosses onto your land, it may legally qualify as an encroachment or trespass.

A professional survey is often the fastest and most reliable way to determine whether a fence actually sits on the legal property line.

2. Fence Bylaws Vary Across Vancouver Island Municipalities

Fence regulations differ significantly between municipalities across Vancouver Island. A fence that complies with bylaws in one community may violate regulations in another.

Some common examples include:

  • Victoria and Duncan: Residential fences are typically limited to 1.2m (4ft) in front yards and approximately 2.0m (6.5ft) in rear or side yards.
  • Nanaimo: Rear and side yard fences may reach up to 2.4m (approximately 8ft), while front yard fences remain restricted to 1.2m.
  • Campbell River: Most residential fences are limited to 1.8m, with lower height restrictions near front property lines.
  • Comox Valley: Fence height allowances vary depending on whether the fence borders a roadway or neighbouring property.

In most municipalities, standard fences do not require building permits. However, retaining walls over certain height thresholds often do require permits and additional engineering or survey review.

Understanding local bylaws early can help homeowners avoid municipal complaints and costly redesigns.

3. How Property Lines Are Proven in British Columbia

Many homeowners assume old fence lines, landscaping, or verbal agreements determine property boundaries. In reality, legal property lines in BC are established through professional land surveying methods and historical legal evidence.

When determining property boundaries, a BC Land Surveyor relies on:

  • Natural boundaries, such as shorelines or creeks
  • Original survey monuments and iron pins
  • Historical evidence of land occupation
  • Measurements from registered legal survey plans

At Polaris Land Surveying, we often prepare a Posting Plan, which formally identifies and marks legal property corners using physical survey stakes. In some situations, a Location Certificate or Surveyor’s Certificate may also be prepared to show how structures relate to the legal boundaries.

This provides homeowners with accurate, legally defensible information before disputes escalate further.

4. What Happens if a Fence Encroaches on Your Property?

If a survey confirms that a neighbour’s fence crosses onto your property, the structure is considered an encroachment under BC property law.

Although property owners may pursue legal action for trespass, British Columbia courts often prefer resolving encroachment disputes through the Property Law Act. Depending on the situation, the court may:

  • Order removal: Require the encroaching fence or structure to be dismantled and removed.
  • Grant an easement: Allow the fence to remain while compensating the affected property owner.
  • Transfer ownership: Require the sale of the affected strip of land to the neighbouring owner at fair market value.

In many cases, courts reserve forced removal for situations involving intentional or reckless encroachments. Minor accidental encroachments are more commonly resolved through easements or negotiated settlements.

5. Boundary Disputes Often Involve Drainage and Property Damage

Fence disputes frequently expand into broader conflicts involving drainage issues, retaining walls, overhanging trees, and property damage.

For example:

  • Improper drainage from a neighbouring property may contribute to flooding or erosion.
  • Overhanging branches or roots may damage fences, roofs, or landscaping.
  • Retaining walls constructed too close to property boundaries can create liability concerns.

Under BC law, property owners generally have the right to trim branches or roots extending onto their side of the property line, provided they do not trespass or seriously damage the health of the tree.

A professional survey helps establish exactly where these features are located in relation to the legal boundary, reducing uncertainty and helping resolve disputes more efficiently.
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Boundary Dispute Checklist for Vancouver Island Property Owners

If you are involved in a property line or fence dispute, consider the following:

  • Has the legal property line been professionally verified by a licensed BC Land Surveyor?
  • Does the fence or structure physically cross onto neighbouring property?
  • Do local municipal fence bylaws apply to the situation?
  • Are drainage issues, retaining walls, or overhanging trees contributing to the dispute?
  • Have all easements, rights-of-way, and title restrictions been properly reviewed?

All of the Posting Plans, boundary surveys, and Location Certificates provided by Polaris Land Surveying are designed to help property owners resolve disputes using accurate, certified survey information.

Whether you are dealing with a fence encroachment in Victoria, a neighbour dispute in Nanaimo, or a property line issue anywhere else on Vancouver Island, our team is ready to help you establish the facts and protect your property rights. Contact Polaris Land Surveying today to schedule a consultation.

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Surveying for BC’s New Small-Scale Multi-Unit Housing (SSMU) Legislation: Navigating the Challenges of Bill 44

Written by WMWL Support on . Posted in News.

British Columbia is currently undergoing a major transformation in land use with the introduction of Bill 44. This legislation, focused on Small-Scale Multi-Unit Housing (SSMUH), is intended to address BC’s housing shortage by allowing more housing density on lots traditionally zoned for single-family homes.

While many see these changes as a positive step toward increasing housing supply, the transition has also created confusion and frustration for homeowners, developers, and municipalities. Concerns over neighbourhood character, restrictive local bylaws, permit delays, and property limitations have become increasingly common throughout Vancouver Island and the rest of BC.

At Polaris Land Surveying, we are more than boundary experts — we are spatial problem solvers. Our team helps property owners navigate the technical and legal challenges surrounding Bill 44 by providing accurate, certified land surveying services that support successful multi-unit development projects.

Here are some of the biggest concerns surrounding Bill 44 — and how professional surveying services help solve them.

1. Managing Neighbourhood Character and Development Concerns

One of the most common concerns surrounding Bill 44 is the fear that increased density will dramatically change the character of established neighbourhoods. Residents often worry that poorly planned multiplexes or oversized developments will not fit the scale of surrounding homes.

A professional land survey helps prevent this by identifying the exact buildable area of a property, including zoning setbacks, height restrictions, lot coverage limits, and legal boundaries. Through detailed multiplex surveying and site analysis, homeowners and builders can design projects that comply with municipal regulations while fitting appropriately within the neighbourhood.

This level of precision helps ensure that new housing feels like a natural evolution of the community rather than an incompatible development.

2. Navigating Restrictive Local Bylaws and Permit Delays

Although Bill 44 establishes provincial housing requirements, municipalities across BC still maintain their own zoning bylaws, permit processes, and development regulations. Many homeowners quickly encounter a “permit wall” when local rules conflict with their project plans.

This is particularly common in municipalities such as Oak Bay, Sidney, and Saanich, where neighbourhood-specific regulations may create additional development hurdles.

At Polaris Land Surveying, we regularly work with homeowners and developers navigating these municipal requirements. Whether you are subdividing land for small-scale multi-unit housing or adding a secondary suite, we provide the accurate survey information required to support permit applications and reduce costly delays during municipal review.

3. Clarifying Easements, Strata Restrictions, and Property Rights

Bill 44 has also created confusion surrounding existing strata bylaws, rental restrictions, easements, and development rights. Many property owners are uncertain about what restrictions still apply to their land and whether older covenants or strata rules may impact redevelopment opportunities.

Through detailed research with the Land Title and Survey Authority of BC (LTSA), a BC Land Surveyor can identify:

  • Registered easements
  • Rights-of-way
  • Restrictive covenants
  • Legal property boundaries
  • Potential encroachments

Understanding these legal limitations early helps homeowners avoid expensive surprises after investing in design or permit applications.

4. Protecting Your Investment with Accurate Survey Information

Many homeowners considering multi-unit development are making a major financial investment and want confidence that their project can proceed legally and efficiently.

Under Bill 44, even minor errors involving property lines, setbacks, or lot dimensions can lead to permit delays, redesign costs, or complete project shutdowns. Garden suite and multiplex developments often require highly accurate measurements and certified survey documentation before construction can begin.

By hiring a licensed BCLS early in the planning process, homeowners can ensure their property is being used efficiently, legally, and in compliance with municipal requirements. All of the land surveyors at Polaris Land Surveying are licensed and regulated by the Association of BC Land Surveyors (ABCLS).

5. Why a Professional Survey Should Be Your First Step Under Bill 44

Before beginning any small-scale multi-unit housing project on Vancouver Island or elsewhere in BC, it is important to understand the legal and physical limitations of your property.

A professional survey can help homeowners:

  • Determine buildable area: Identify how many units the property can legally support based on setbacks and lot dimensions.
  • Verify municipal compliance: Ensure plans align with local zoning requirements in municipalities such as Victoria, Saanich, Sidney, or Oak Bay.
  • Identify encroachments: Prevent future neighbour disputes by confirming structures remain within legal property boundaries.
  • Map easements and rights-of-way: Locate utility corridors or legal restrictions that could limit development potential.
  • Support permit applications: Provide certified survey documentation required by municipalities, lenders, and contractors.

For additional information about the legislation, homeowners can review the BC Government’s Bill 44 FAQ document.
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Bill 44 Development Checklist for Vancouver Island Property Owners

Before starting a Small-Scale Multi-Unit Housing project, consider the following:

  • Have you confirmed how many units your property can legally support?
  • Does your proposed project meet local setback and zoning requirements?
  • Are there easements, rights-of-way, or restrictive covenants affecting the property?
  • Have property lines and existing structures been accurately verified?
  • Do you have certified survey documentation prepared by a licensed BCLS?

All of the survey services provided by Polaris Land Surveying are designed to support homeowners, developers, and property investors navigating BC’s evolving housing legislation.

Whether you are planning a garden suite in Victoria, a duplex in the Cowichan Valley, or a multiplex development in the Gulf Islands, our team is ready to help you move forward with confidence. Contact Polaris Land Surveying today to discuss your project and ensure your development starts on the right side of the property line.

A valley with a lake, surrounded by forest

5 Things to Look for in a Surveyor’s Certificate When Buying a Home on Vancouver Island

Written by WMWL Support on . Posted in News.

Buying a home in Victoria, the Cowichan Valley, or anywhere on Vancouver Island is a major commitment that requires thorough due diligence to protect your investment. A BC Land Surveyor’s Building Location Certificate, also known as a BLC or Location Certificate, is a critical document used by homebuyers and real estate agents to understand the physical and legal realities of a property. At Polaris Land Surveying, we act as your local “spatial problem solvers,” helping you navigate everything from building permit requirements to boundary disputes in BC.

While some buyers assume title insurance is sufficient, understanding the difference between a survey certificate and title insurance in BC is vital. While insurance may cover financial loss, only a certified survey provides the physical certainty of where your boundaries lie.

Here are five essential elements to look for in your surveyor’s certificate.

1. Encroachments and Property Structures

A primary purpose of a residential survey is to identify if any structures, such as fences, sheds, or retaining walls, cross the legal property line. Identifying these early can prevent emotional boundary disputes in BC with neighbours. A location certificate will provide certainty that the structures and improvements are actually contained within the limits of the property being purchased.

2. Local Zoning Setbacks

Each municipality across Vancouver Island has specific bylaws regarding how close a structure can be to the property line. Your certificate will show if the home complies with these, such as Oak Bay renovation setbacks or Saanich building permit survey requirements. This is particularly important for those finding a surveyor for a home addition or a home renovation, as non-compliance can lead to a “permit wall” at city hall.

3. Registered Easements and Rights-of-Way

Properties often have registered easements or rights of way that allow utility companies or neighbors to access portions of the land. A BLC highlights these areas, which we verify through extensive research at the Land Title and Survey Authority of BC (LTSA). Understanding these registered charges is crucial, as they can limit where you are allowed to build or landscape.

4. Natural Boundaries and Terrain

Vancouver Island’s geography, featuring rugged coastlines and creeks, means many properties have “natural boundaries”. These boundaries can shift over time, and an accurate survey is needed to define exactly where your private land ends. Additionally, property survey costs in BC can be affected by this terrain; for example, a one-acre property with a forest and a creek may have different land surveyor fees on Vancouver Island than a flat city lot.

5. Professional BCLS Certification and Date

To be accepted by a municipality or lender, the certificate must be signed and sealed by a qualified BCLS (British Columbia Land Surveyor). It is also important to check the date; with BC’s new Small-Scale Multi-Unit Housing (SSMU) legislation (Bill 44), older surveys may not reflect the potential for new density, such as a garden suite or multiplex. You can verify a surveyor’s credentials through the Association of BC Land Surveyors.

All of the land surveyors at Polaris Land Surveying Inc. are certified BCLS, and we provide the appropriate documentation for each requested service.

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Vancouver Island Homebuyer’s Checklist

When reviewing a location certificate for a property anywhere on Vancouver Island, ensure it covers these critical points:

  • Encroachments: Are all structures (fences, decks, sheds) confirmed to be within the property lines?
  • Municipal Compliance: Does the property meet specific local setbacks for areas like Saanich, Oak Bay, or Duncan?
  • Development Potential (Bill 44): Does the survey provide the necessary data to explore Small-Scale Multi-Unit Housing or subdividing?
  • Verified Easements: Are all rights-of-way clearly mapped according to current LTSA records?
  • Recent BCLS Certification: Is the document current and signed by a licensed BC land surveyor?

All of the building location certificates provided by Polaris Land Surveying Inc. cover these criteria, and more, given the parameters of the requested service.

Whether you are purchasing a home in the Alberni Valley or a rural lot in the Gulf Islands, our team is ready to provide the high-quality land surveying services you need. Contact Polaris Land Surveying today to ensure your property boundaries are secure.