Encroachment

An encroachment occurs when a structure—such as a fence, shed, deck, driveway, eave, or building corner—crosses over a registered property boundary onto a neighbouring lot, an easement, or a public right-of-way. Encroachments are typically identified through a Survey Certificate (often called a Real Property Report), a Posted Plan prepared by a BC Land Surveyor, or during a title-insurance underwriting review. Under the Land Title Act, RSBC 1996, c. 250, registered boundaries are definitive, so any physical intrusion beyond those lines is a potential encroachment. Verify current details with a BC lawyer, notary, or BC Land Surveyor before acting.

Encroachments are most commonly identified when a purchaser orders a current Survey Certificate (Real Property Report) from a BC Land Surveyor, or when a title-insurance underwriter reviews previous surveys, posted plans, or aerial imagery as part of the policy application. The survey will show the relationship between existing structures and the registered boundaries as recorded in the BC Land Title Office under the Land Title Act, RSBC 1996, c. 250. Encroachments may also be disclosed in a Property Disclosure Statement or discovered during a physical inspection. Verify current details with a BC lawyer, notary, or BC Land Surveyor before acting.

Yes. Title insurers in British Columbia may exclude coverage for loss arising from an existing encroachment, require a premium surcharge, or decline to insure the property altogether if the encroachment is significant and unresolved. Lenders underwriting a mortgage may refuse financing or require the encroachment to be removed or formally resolved by encroachment agreement registered under the Land Title Act, RSBC 1996, c. 250, before advancing funds. Verify current details with a BC lawyer, notary, or licensed mortgage professional before acting.

An encroachment agreement is a private contract between neighbouring owners that acknowledges the encroachment and sets out the rights and obligations of each party (for example, permission to maintain a fence or deck on the neighbour's land). To bind future owners, the agreement is typically registered as a charge against both affected titles in the BC Land Title Office under the Land Title Act, RSBC 1996, c. 250. Registration provides constructive notice to purchasers, lenders, and other parties searching title. Verify current details with a BC lawyer or notary before acting.

British Columbia law does not prescribe which party must pay; resolution is a matter of negotiation and the terms of the Contract of Purchase and Sale. The BC Real Estate Association standard-form contracts allow parties to allocate responsibility for surveys, removal, or registration of encroachment agreements by including specific terms or subject-removal conditions. If the contract is silent and the encroachment is discovered after the sale closes, the new owner typically bears the cost and liability. Verify current details with a BC lawyer or notary before acting.

Yes. Under common law in British Columbia, a property owner whose land is encroached upon may seek a court order requiring removal of the encroaching structure and may also claim damages for trespass. The encroaching owner cannot acquire legal title to the encroached strip through adverse possession in the BC land-title (Torrens) system under the Land Title Act, RSBC 1996, c. 250, because registration—not possession—determines title. The affected neighbour may also register a builders lien or seek an injunction. Verify current details with a BC lawyer before acting.

A boundary adjustment is a formal subdivision process under the Land Title Act, RSBC 1996, c. 250, and the applicable local-government bylaws (Local Government Act, RSBC 2015, c. 1) in which a BC Land Surveyor prepares a new subdivision plan that re-draws the legal boundary to match the existing physical occupation, typically by transferring a small strip of land from one title to the other. The new plan must be approved by the local Approving Officer, registered in the Land Title Office, and may trigger property-transfer tax under the Property Transfer Tax Act, RSBC 1996, c. 378 (as of 2026-07-27 — verify current). Verify current details with a BC lawyer, notary, or BC Land Surveyor before acting.

No. A dated survey may not reflect structures built or altered after the survey date, boundary changes due to registered plans, or physical shifts (for example, fence movement). Buyers, lenders, and title insurers in British Columbia typically require a current Survey Certificate or Posted Plan prepared by a BC Land Surveyor and certified as accurate as of a recent date, in accordance with the standards of the Association of BC Land Surveyors and the Land Title Act, RSBC 1996, c. 250. Verify current details with a BC lawyer, notary, or BC Land Surveyor before acting.

Title insurance in British Columbia may provide coverage for certain encroachment-related losses (for example, a forced-removal order or unmarketability), but policies typically exclude or limit coverage for encroachments that were known or visible at the time of purchase or that would have been revealed by a current survey. Many BC real-estate lawyers and notaries recommend obtaining both a current Survey Certificate and title insurance to maximize protection under the Land Title Act, RSBC 1996, c. 250. Verify current details with a BC lawyer, notary, or title insurer before acting.

If the encroachment was not disclosed and you did not waive your right to a survey or title-insurance coverage, you may have a claim for misrepresentation, breach of contract, or breach of the seller's obligations under the Contract of Purchase and Sale, depending on the terms and applicable limitation periods. You may also need to negotiate an encroachment agreement, pursue removal, or seek a boundary adjustment under the Land Title Act, RSBC 1996, c. 250, at your own expense if no remedy against the seller is available. Verify current details with a BC lawyer or notary before acting.