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Send Us a MessageWho Owns the Fence? A Legal Guide for Alberta Homeowners
There are lots of everyday reasons why someone might wonder if they can remove a neighbor’s fence that’s sitting on their property. Maybe you’re getting ready for a landscaping project, building something new, or simply want to make full use of your yard. In other cases, the issue may arise during a home sale, especially when a Real Property Report or land survey reveals that the fence has crossed property boundaries.
These scenarios can leave homeowners unsure of what their legal rights are and how to move forward without creating unnecessary tension. Clarifying boundary lines is a normal and responsible step for any property owner, and asking about fence removal is often just the beginning of understanding your options and avoiding potential disputes.
Whether you can remove your neighbour’s fence depends on where it’s located, in relation to your property boundaries. If it’s on your property, you may have the right to remove it. If it’s a shared boundary fence between the adjoining properties or on your neighbour’s property, you likely don’t. Read more below.
If your neighbor has built a fence on your side of the property line without asking you, that’s called an encroachment. In Alberta, this isn’t allowed. People aren’t legally permitted to build on land they don’t own. Even if the fence crosses only a few inches onto your property, you generally have the right to ask for it to be moved or removed.
If the neighbour won’t remove the fence, in most cases, you are allowed to take it down yourself, but it’s wise to give written notice first. This gives them a chance to address the issue and shows you made a reasonable effort to resolve things cooperatively. Keeping a record of your communication can also help if the situation escalates.
Before taking any action, confirm exactly where the property boundaries are by conducting a property survey. A recent land survey or Real Property Report (RPR) is essential to make sure you’re in the right. Removing a fence that turns out to be correctly placed within your neighbour’s property lines could land you in legal or financial trouble, potentially including hefty legal fees.
If you do remove the fence yourself, do so carefully and respectfully. Giving your neighbor written notice with a clear deadline to remove or collect any materials is a responsible step, even if not legally required. Avoid damaging the fence more than necessary, and set aside any salvageable materials so they can be picked up. Intentionally destroying or discarding someone else’s property, even if it’s on your land, could lead to claims of property damage or vandalism.
However, things get more complicated if the fence has been in place for 10 years or more. In Alberta, your neighbor could potentially claim ownership of that strip of land through a process called adverse possession. This means that if they’ve used the land openly, exclusively, and continuously for at least 10 years without your permission or objection, they may be eligible to apply for legal ownership. This doesn’t happen automatically, and their claim for adverse possession would need to meet strict legal requirements, but the longer the fence remains unchallenged, the harder it may be to dispute.
In these cases, or if there’s any uncertainty, speaking with a real estate lawyer is a smart move. At DLegal Law Office, we can review your property documents, assess the situation, and help you determine your next steps. Acting early, whether by removing the fence, requesting an encroachment agreement, or seeking legal advice, can help you protect your property and avoid bigger boundary line issues later on.
A fence built right on the property line is usually considered a shared fence, meaning both neighbors are responsible for it. In Calgary, this is often called a “party fence.” Neither person can remove, change, or replace it without the other’s consent.
Even if only one of you paid for the fence, if you both agreed to place it on the boundary line, it becomes a shared fence. That means any major changes, such as removing it, should be discussed and agreed upon by both property owners. If you can’t agree, you may need legal help or even a court order to move forward.
Problems can happen when a neighbor builds a fence on the property line between the two properties without telling you or getting your nod of approval. While Calgary doesn’t require permission to build a fence completely on your own property, putting a fence on or over the property line without the approval of the other property owners is not allowed. In that case, the fence is partly on your land, which is considered trespassing.
Some neighbours may innocently assume they can center a fence on the boundary, but legally, that’s only allowed if both neighbours agree, ideally in writing. If your neighbour built a fence in this way, without your permission, you don’t have to accept it or help take care of it.
If this happens, the first step is to confirm exactly where your property boundaries are using a land survey or Real Property Report. Once you know where the property lines are, you have a few options. If you’re okay with the fence staying, you can agree to treat it as a shared fence moving forward, in which case you can put that agreement in writing.
If not, you can ask your neighbor to move the boundary fence onto their own land. If they refuse, you can try community mediation or, if needed, take legal action to have the fence moved. In some cases, especially if your neighbor won’t cooperate, it might make sense to build your own fence just inside your property line to clearly mark your space.
If your neighbour’s fence is falling apart or clearly not maintained, you may be able to report it for violating Calgary’s Community Standards Bylaw. The fence bylaw states that all fences must be kept in “good repair” by property owners, which includes fixing things like broken boards, peeling paint, missing panels, or leaning sections. In this case, you can contact the local municipality by calling 311 to request an inspection and possible enforcement.
However, the local bylaws do not cover personal taste. So while a fence that’s falling apart can be reported, one that’s simply painted an unappealing colour or built in a style you dislike, but is structurally sound, won’t require changes. In that case, your best option is to talk to your neighbor about possible improvements or consider adding hedges and vines or painting your side (with their written permission) to improve the look of your yard.
If the fence is jointly owned and in poor condition, both you and your neighbor are responsible for fixing it. If they won’t help, you can pay for the repairs yourself and request they cover part of the cost, possibly through Alberta’s Line Fence Act or small claims court. Just keep in mind that getting reimbursed isn’t always easy without a legal follow-up.
Importantly, you can’t take down or damage your neighbor’s fence on your own, even if it’s in bad shape. Doing so could lead to legal trouble. If you can’t resolve things together, use bylaw enforcement or legal options, or consider building a new fence just inside your own property line.
Whether you can remove items your neighbor has attached to your fence depends on a few key factors, including who owns the fence, where it’s located, and the nature of the items. If the fence is entirely on your property and you paid for it, according to Alberta property law, it is considered your private property. In that case, your neighbor should not be attaching anything to it without your permission, and you are generally within your property rights to remove those items.
However, if the fence sits directly on the property line, it is usually treated as a shared structure. In many areas, this means both neighbors must agree on any changes or additions to prevent misunderstandings. Your neighbour should not attach things without discussing it with you first, and you may not have the right to remove the items without first resolving the issue together or through legal channels.
In Calgary, you can build a fence right up to the exact boundary line without it becoming shared, as long as the fence is entirely on your side of the line and meets the height restrictions. These height restrictions are up to 2 metres (6.5 feet) in the backyard and 1.2 metres (4 feet) in the front yard.
However, it’s important to ensure the fence is entirely on your property and therefore it may be wise to add a small setback range. Always consult your Real Property Report and consider discussing the fence with adjacent neighbours before getting started.
Discovering that a neighbor’s fence is on your property during the sale of a home can be an unwelcome surprise, but it’s not uncommon. This situation usually comes to light when property surveys are updated or reviewed by the buyer’s lawyer, and it shows that part of the existing fence crosses the property boundaries. At that point, questions often arise about whether the encroachment needs to be resolved before the sale can proceed.
Buyers may be concerned about future legal (such as adverse possession) and other practical issues, and sellers are often asked to address the fence encroaching on the property boundaries as a condition of the sale. In many cases, this can be handled through an encroachment agreement, which is a formal document registered on title that permits the fence to remain where it is. Sometimes, the buyer may request that the fence be moved, especially if the encroachment is significant. If you find yourself in this position, working with your real estate lawyer will help ensure the transaction goes smoothly and no future dispute arises.
Whether you’re a property owner navigating a fence dispute, planning a backyard project, reviewing a property line, or facing encroachment issues during a home sale, it’s important to understand your property rights and options. DLegal Law Office is here to help you resolve your property boundary concerns with clarity and confidence. Get in touch with us today for practical advice and legal assistance.
The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice for more details.
The DLegal team is here to support. We will do our best to assist or connect you with those who can help.
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