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BC Real Estate: The Survey Myth Debunked

Written by Jordan Litke on . Posted in News.

“My lawyer said I have title insurance, so I don’t need a survey.” Sound familiar?

It sounds like a great way to save money when buying a home. But there is a major misunderstanding happening in the BC real estate market. While title insurance is a valuable tool, it is not a replacement for a Land Survey.

Here is the truth about how to protect your biggest investment.

Have you heard of the BC Assurance Fund?

Most people don’t realize that in British Columbia, we have something called the Assurance Fund. Because BC uses the Torrens Land Title System, the government actually guarantees that the person named on the title is the true owner.

  • How it helps you: If there is a mistake in the government registry or certain types of fraud, the Fund can compensate you.
  • The Difference: In the United States, title insurance is mandatory because they don’t have this government guarantee. In BC, title insurance is an “extra” layer, not the foundation.

Insurance pays for problems; surveys prevent them

Think of it like this: Title Insurance is like a health insurance policy. It pays you money if you get “sick” (like finding out your garage is on city land).

A Surveyor’s Certificate is like eating well and exercising. It prevents the “sickness” from happening in the first place. A survey shows you exactly where your property lines are before you sign the papers.

Why lenders in Victoria still ask for surveys

If you are getting a mortgage on Vancouver Island or anywhere in BC, your bank might insist on a Building Location Certificate. Why? Because the bank wants to be 100% sure that the house they are lending you money for is actually located entirely on the land you are buying.

They want to see:

  • That the house isn’t crossing over the neighbor’s line.
  • That no one else has a right to use your land (called an easement).
  • That the building follows local laws about how far it must sit from the street.

It makes sense when you think of it from the bank’s perspective. Would you lend out hundreds of thousands of dollars without first checking that it won’t backfire? The Building Location Certificate is the proof banks and mortgage companies look for.

When title insurance isn’t enough

Title insurance might cover the legal costs if a neighbor sues you over a fence, but it won’t help you if you plan to:

  1. Build a new fence or deck.
  2. Add an extension to your home.
  3. Know exactly where your yard ends.

To do any of those things, you need to know where the physical boundaries are located on the ground. You can learn more about our professional land surveying services here.

Frequently Asked Questions

Is a survey required to buy a house in BC?

Technically, no. There is no provincial law requiring a survey for every sale. However, lenders often require one as a condition of your mortgage to ensure the asset they are financing actually fits within the legal boundaries.

Why do lenders in Victoria ask for survey certificates?

Victoria has many historic lots and unique property lines. Lenders want a Building Location Certificate to verify that the house doesn’t encroach on municipal land, complies with local setbacks, and matches the legal title description.

Does Title Insurance replace a survey?

No. Title insurance is a financial safety net that pays you if a problem is discovered later. A survey is a physical map that prevents you from buying into a problem in the first place. If you plan to build a fence or addition, title insurance cannot tell you where to put it.

BC Assurance Fund vs. Title Insurance: Which is better?

They serve different roles. The Assurance Fund is a provincial guarantee that you are the owner of the land. Title Insurance is a private policy that covers “off-title” issues like unpermitted renovations or tax liens. Most lawyers recommend title insurance because it pays out faster than the provincial fund.

Does title insurance cover me if I build a fence in the wrong place?

No. Title insurance generally only covers issues that existed at the time of purchase. If you build a new structure in the wrong spot, the insurance will not cover the cost of moving it. You need a survey to build with confidence.

Can I just use a phone app or Google Maps to find my property lines?

Definitely not. While these apps are helpful for a general idea, they can be off by several meters. Only a British Columbia Land Surveyor (BCLS) has the expertise and legal authority to determine exact boundaries.

What is an “encroachment” and why should I care?

An encroachment is when a structure—like a shed, driveway, or roof—crosses over the property line onto a neighbor’s land. Or from a neighbour on to your land. It can lead to legal battles and make it very difficult to sell your home in the future.

If my neighbor has a survey, can I just use theirs?

You can look at it, but it is risky to rely on it. A survey is a professional opinion for a specific client at a specific time. If the neighbor added a wall or shed after that survey was done, the information is outdated and does not protect you legally.

Why is a “Building Location Certificate” different from a “Boundary Stakeout”?

A Building Location Certificate is a paper map used for building permits and mortgages to show where buildings sit on a lot. A Boundary Stakeout involves a surveyor placing physical marks or stakes in the ground so you know exactly where to build.

Does a Land Survey ever expire?

A survey doesn’t “expire,” but it is a snapshot of the property on a specific day. If any new structures, fences, or retaining walls have been built since the survey was done, the document is considered outdated and may not be accepted by lenders or municipalities.

Can I find my own property pins to save money?

You can try to find them with a metal detector, but you should never rely on them for construction. Pins can be moved by previous owners, utility workers, or shifting soil. Sometimes they are placed at an offset to the actual corner. A surveyor verifies that the pins are in their original, legal positions.

What should I do if my neighbor disputes my property line in BC?

In BC real estate, the first step to resolve a boundary dispute is to hire a BC Land Surveyor. We act as impartial experts to find the best evidence of the original boundary, which can help you avoid a costly and stressful court case.

Why is a survey important for “unorganized” or rural areas in BC?

In rural areas, property lines are often longer and less obvious than in the city. Without a survey, you might accidentally build a cabin or road on Crown land or a neighbor’s property, which can lead to expensive fines or the forced removal of the structures.

 

Ready to protect your property? Don’t rely on a “maybe.” Get the facts before you buy. Contact the experts at Polaris Land Surveying today to ensure your boundaries are clear.
Sources for further reading:

White house with blue trim and gabled roof, a person in a red safety vest operating a tripod-mounted surveying instrument in the driveway.

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

Written by Jordan Litke on . Posted in News.

Discovering a neighbour’s fence on your property is often the start of a high-stress conflict. Whether you are in Victoria, Nanaimo, or Campbell River, these disputes trigger immediate questions about property value, privacy, and legal rights.

As BC Land Surveyors, we serve as a neutral, legal authority on boundary locations. Before you search for a property line dispute lawyer in Victoria or head to court, you need the technical facts. Here is how boundary disputes are handled across Vancouver Island.

Fence Disputes and Shared Property Lines

One of the biggest pain points is determining who pays for a shared fence. Legally, if a fence is built directly along the property line, the neighbours on either side are typically considered equal partners and generally share the cost of building and repairs.

However, a neighbour cannot simply “impose” a shared fence on you; you must agree on the type and cost beforehand. If your neighbour builds a fence without your consent, they should place it entirely on their side of the property line to avoid a trespass claim.

To avoid disputes before building, learn why hiring a BCLS is crucial before starting outdoor renovations

Navigating Municipal Bylaws Across the Island

Bylaws change significantly depending on where you live. A fence that is legal in the Comox Valley might be a violation in Nanaimo.

  • Victoria & Duncan: Residential fences are generally capped at 1.2m (4ft) in front yards and 2.0m (approx. 6.5ft) in rear or side yards. Duncan specifically prohibits barbed or razor wire on residential fences.
  • Nanaimo: You have more height flexibility in the back, with a maximum of 2.4m (approx. 8ft) for side and rear yards, but only 1.2m in front yards.
  • Campbell River: The limit is 1.8m for most residential fences, dropping to 1.2m if the fence is within 5m of the front property line.
  • Comox Valley: In these electoral areas, fences can be up to 2.0m when abutting a road and 2.3m for other side or rear lines.

Do you need a permit? Most municipalities, including Nanaimo and Campbell River, do not require a building permit for a standard fence. However, you will almost always need one for a retaining wall over 1.2m or 4ft.

Sources:

What Governs Property Lines in BC

If you are wondering how to prove property lines in BC, you shouldn’t rely on old wooden stakes or “common knowledge”. A professional surveyor identifies the property line using a strict hierarchy of evidence:

  1. Natural boundaries (like the shoreline).
  2. Original monuments (iron pins or “survey monuments” placed in the ground).
  3. Evidence of occupation (how the land has historically been used).
  4. Measurements from the original plan.

When establishing property lines, we rely on the hierarchy of evidence and when lot corners are not represented by survey monuments, we typically place new monuments at the lot corners. As part of this process, a Posting Plan is prepared. This plan is a statutory obligation we must fulfill whenever we replace a missing survey post. The posting plan is filed with the Land Title and Survey Authority and serves as a means of updating the public record as to the location of survey posts found and placed during the course of our work. It also provides the homeowner with a modern record of their lot corners.

Trespass Laws regarding BC Property Lines

If a neighbor’s fence, driveway, or retaining wall is found to be on your land, it is considered an encroachment. We encourage landowners to work together to resolve conflicts. While you can sue for trespass, BC courts prefer to resolve these through the Property Law Act. A judge can choose one of three paths:

  • Order Removal: Force the neighbor to dismantle the encroaching portion.
  • Grant an Easement: Allow the encroachment to stay, but the neighbor must pay you compensation for the use of your land.
  • Transfer Title: Force a sale of that small strip of land to the neighbor at a fair market price.

Courts generally order removal only if the neighbor deliberately built on your land; for accidental, minor errors, they may prefer an easement.

In many cases, a Surveyor’s Certificate or Location Certificate is used to show exactly where these structures sit relative to those lines.

Beyond the Fence: Drainage and Damage

Boundary disputes often escalate over drainage and maintenance negligence. If a neighbour’s property is causing flooding on yours, or if falling tree limbs cause damage, liability often depends on exactly where the “source” sits.

In BC, you have the right to trim overhanging branches or roots up to your property line, but you cannot enter your neighbour’s property or damage the tree’s health. A survey will confirm whether that nuisance tree is on your property or your neighbour’s. We advise seeking legal advice before taking action.
Resolve Your Dispute with Polaris Land Surveying

Don’t let a persistent hostility with a neighbour ruin your peace of mind. Whether you are dealing with a subdivision project, a weaponized bylaw call, or a fence that seems a few inches too close, the first step is always the same: get the facts.

A survey completed by a BC Land Surveyor is the most effective way to understand the issue and is the first step towards settling a boundary dispute in Victoria, Nanaimo, or anywhere else on Vancouver Island before it becomes a costly legal battle.

Protect your property. End the guesswork.

Schedule a call with the Polaris Land Surveying team today.

Polaris Beausejour subdivision

When Do You Need a BCLS (British Columbia Land Surveyor) for a Home Renovation?

Written by Jordan Litke on . Posted in News.

A practical guide for homeowners in Victoria, Saanich, Oak Bay, and surrounding municipalities

You’ve got a renovation project in mind — maybe a new deck, a garage, a secondary suite, or an addition that finally gives you the space you’ve been needing. You’ve got a contractor lined up and a rough idea of what it’s going to cost. Then you head to the municipality to pull a permit, and things come to a sudden stop.

This is the “permit wall” that catches a lot of homeowners off guard. The building department needs to know exactly where your proposed structure will sit in relation to your property lines — and that means they need a survey. Specifically, they may need documentation prepared or verified by a BCLS (British Columbia Land Surveyor).

At Polaris Land Surveying, we work with homeowners across Victoria, Saanich, Oak Bay, and the broader Vancouver Island region who are in exactly this situation. Here’s what you need to know before your renovation gets underway.

Why Municipalities Ask for a Survey

Every municipality in BC has zoning bylaws that set out setbacks — minimum distances that any structure must maintain from your property lines, as well as from features like roads, watercourses, and utility rights-of-way. These rules exist to protect neighbourhoods, manage drainage, maintain sight lines, and ensure emergency access.

When you apply for a building permit, the municipality needs to confirm your proposed project respects those setbacks. If there’s no existing, current survey on file, or if the one on record is outdated, they’ll often require a new one before they approve the permit.

This isn’t bureaucratic red tape. It’s a practical check to make sure your new deck doesn’t end up straddling a property line, or your new garage doesn’t sit inside an easement.

Common Renovation Projects That Often Require a Survey

Decks and Patios

Decks are one of the most common permit triggers. In Victoria and Saanich, any deck above a certain height or attached to the house will require a permit, and the permit application will require confirmation that the deck meets setback requirements. If you’re asking yourself, “Do I need a survey for a deck in Victoria?” — the answer is often yes, particularly if your lot is narrow, irregularly shaped, or close to property boundaries.

Home Additions

Adding a room, extending your footprint, or building an attached garage are among the renovation types most likely to require a survey. When you’re finding a surveyor for a home addition, what you need is someone who can confirm the existing structure’s location and establish where the new construction can legally go, based on current zoning setbacks.

Accessory Dwelling Units (Secondary Suites, Garden Suites, Laneway Homes)

With BC’s Small-Scale Multi-Unit Housing legislation (Bill 44) now in effect, many properties have new options for adding density. But building a garden suite or a detached accessory dwelling unit requires a permit, and that permit process will look closely at setbacks, lot coverage, and the accurate placement of existing structures. An up-to-date survey is essential.

Retaining Walls, Fences, and Drainage Work

These are often overlooked, but substantial retaining walls can trigger permit requirements. Also, if they’re near a property line, you’ll need to know exactly where that line is. Fences built on the wrong side of a boundary are one of the most common sources of neighbour disputes on the Island.

Setbacks Vary by Municipality

One of the most important things to understand is that setback requirements are not uniform across municipalities. What’s permissible in one area may not be in another — and that matters when you’re planning where to build.

Saanich

As the largest municipality by land area in Greater Victoria, Saanich has detailed zoning bylaws that vary by neighbourhood and property type. You can review Saanich’s zoning and development requirements at the District of Saanich Planning & Development webpage. For homeowners navigating Saanich building permit survey requirements, an accurate location certificate showing the placement of existing structures is usually a key part of the application.

City of Victoria

Victoria’s zoning regulations are managed through its Zoning Regulation Bylaw. Details on permit requirements and setbacks are available through the City of Victoria’s Development Services. Properties in Victoria can have complex lot configurations, particularly in established neighbourhoods, where older homes may already sit close to lot lines.

Oak Bay

Oak Bay is known for its mature residential lots and heritage character, but that doesn’t mean renovation projects are exempt from setback rules. Oak Bay renovation setbacks are enforced through the municipality’s zoning bylaw, and the District of Oak Bay Building and Development department outlines the permit requirements homeowners need to meet.

If you’re unsure which rules apply to your specific property, the municipality’s planning counter is a good first call, but having a current survey in hand before you go will make that conversation much more productive.

What Does a BCLS Actually Do for Your Renovation?

A BCLS is a licensed professional regulated by the Association of BC Land Surveyors (ABCLS). They are the only professionals in BC authorized to establish legal property boundaries and produce the documents that municipalities rely on.

For a renovation project, a BCLS may provide:

  • A Building Location Certificate (BLC): Documents the location of existing structures in relation to property lines and registered encumbrances. This is often what’s needed when a permit application asks for confirmation of setback compliance.
  • A Boundary Survey: Physically locates and, where necessary, re-establishes your property corners. Required when boundaries are unclear, disputed, or have never been formally surveyed.
  • Site Plan Support: Provides the accurate base information that your designer, architect, or contractor needs to confirm where a new structure can be placed.

The key point is that not every renovation will need all of these things, but having accurate, certified information from a BCLS gives your permit application solid footing and reduces the chance of costly surprises mid-project. All our land surveyors at Polaris Land Surveying are licensed and regulated by the ABCLS.

When You Might Not Need a Full Survey… and When You Definitely Do

Minor interior renovations, like updating a kitchen or finishing a basement, typically don’t trigger survey requirements. But as soon as work extends to the building’s footprint or involves new structures on the lot, the calculus changes.

You are more likely to need a BCLS when:

  • The project will add to or extend the building footprint
  • You’re building a new detached structure on the property
  • Your lot is irregular, narrow, or has an unusual configuration
  • The property is near a watercourse, ravine, or has a natural boundary
  • There are existing encroachments or easements already registered against the title
  • Your municipality has flagged that no current survey is on file
  • A neighbour has raised concerns about where your property line is

If you’re unsure whether your project falls into one of these categories, it’s worth a quick conversation with a surveyor before you get deep into the planning process. It’s much easier to get accurate information early than to redesign a project after the permit has been denied.

How to Find a Surveyor for Your Home Renovation in Victoria

When finding a surveyor for a home renovation or addition in the Victoria area, you want to work with someone who is familiar with local municipalities and their permit processes. All land surveyors in BC must be licensed through the Association of BC Land Surveyors, and you can verify a surveyor’s credentials through their online registry.

At Polaris Land Surveying, all of our surveyors are certified BCLS with experience across Greater Victoria, Duncan, Port Alberni, and the wider Vancouver Island region. We work directly with homeowners and can help you understand exactly what documentation your permit application will require — before you submit anything.

Quick Checklist: Do You Need a BCLS for Your Renovation?

Before you apply for a building permit inPowell River, Creston, or anywhere on Vancouver Island consider whether:

  • Your project extends the building’s footprint or adds a new structure to the lot
  • You know the exact location of your property lines (not just a rough estimate)
  • If there are any registered easements, rights-of-way, or encumbrances on your title that could affect where you build
  • Your municipality has an up-to-date survey on file for your property
  • Your proposed project meets the setback requirements for your specific zoning

If you’re uncertain about any of the above, that’s a good sign it’s worth talking to a BCLS before your project moves forward.

Whether you’re planning a deck in Victoria, a suite above a garage in Saanich, or a home addition in Oak Bay, Polaris Land Surveying can help you understand what your project requires. Contact our team to discuss your renovation and find out what surveying services will set your permit application up for success.

A residential area with townhouses

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

Written by Jordan Litke 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.

To request a quote for a Real Property Report / Surveyor’s Certificate prior to closing on a home purchase, please contact Polaris Land Surveying Inc.

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. If the certificate reveals a potential encroachment or you’re planning future additions, see when you need a BCLS for home renovations.

Finding out a neighbor’s shed or fence crosses the line? Here is what to do if a neighbor puts a fence on your property.

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.