What to Do If a Neighbour Builds Over the Property Line

Property boundaries are an important part of maintaining good relationships between neighbours. When a structure crosses onto your land, it can create legal and personal challenges that need to be addressed. At Linley Welwood, we understand how important it is to address these situations promptly. That is why we have outlined what to do if a neighbour builds over the property line.

Learn more about how to handle real estate disputes.

How to Handle a Property Line Dispute

Property encroachment disputes can often be resolved through clear communication, but in some cases, legal action may be necessary. Knowing your rights and the available options is the first step toward resolving the matter.

Confirm the Boundary with a Survey

Before taking any action, it is important to verify the exact location of the property line. Hiring a professional land surveyor can provide an accurate assessment of boundaries, which can be useful in discussions or legal proceedings.

Talk to Your Neighbour

Sometimes, property line issues are unintentional. Discussing the matter directly with your neighbour may lead to an agreement, such as removing or altering the structure, without the need for formal action. Open communication can help you prevent estate disputes and avoid costly conflicts later on.

Explore Legal Remedies for Encroachment

Under Section 36 of British Columbia’s Property Law Act, if a legal survey confirms an encroachment, an application can be filed with the BC Supreme Court.  The court may resolve the issue by ordering the removal of the encroaching structure. Alternatively, it may choose to grant an easement or modify the property title to reflect the encroachment. In cases where the encroaching party is allowed to retain access or ownership over a portion of the other party’s land, they are typically required to compensate the affected landowner. A lawyer can be very helpful in guiding you through the legal steps, explaining your options, and helping you gather the evidence needed to support your case.

Consider Mediation Before Going to Court

Mediation can be an effective way to resolve property disputes without the expense and stress of litigation. A neutral mediator can help both parties reach an agreement that respects each other’s rights and property.

At Linley Welwood, our lawyers can provide guidance on resolving property boundary disputes while helping you understand the legal remedies available in British Columbia. Contact us today to learn more about your options if a neighbour has built over your property line.