Can the Civil Resolution Tribunal Hear a Property Dispute in British Columbia?

Disputes with a neighbour or over a home can feel like they need a courtroom, yet many are small money problems: a share of a fence, a damaged garden, a repair bill. The Civil Resolution Tribunal (CRT) is built for smaller claims, so it is often the first place people look.

The tribunal is not a place for every property question, though. Claims about who owns land, or about moving a fence or building, usually go elsewhere. This article explains what the CRT can take, what it cannot, and how to work out where your dispute fits.

This article covers the law of British Columbia.

What the CRT can take

The CRT can take small claims up to $5,000. Larger claims go to Provincial Court (Small Claims) or the Supreme Court.

For property-related problems, that means a money claim within the limit. The tribunal's own guidance gives two examples: a tree-damage claim and a shared-fence cost claim, each of which can go to the CRT if it is within $5,000.

Claims the CRT cannot hear

Some land-related claims are outside the CRT's reach. These include ordering the sale of property, ending or dissolving an interest in land, and builder's liens.

If a neighbour's building or fence crosses the boundary, the usual statutory route is Property Law Act s. 36. After a survey shows the encroachment, the Supreme Court can declare an easement for a set period on payment of compensation, vest title to the encroached or enclosed land in the encroaching owner on payment of compensation, or order the encroachment or fence removed. A claim to remove an encroachment or vest title is for the Supreme Court, not the CRT.

Two other points are worth knowing. Expropriation compensation is determined by the court, and an owner who wants a court to fix it generally must apply within 1 year after payment.

Examples: fences and trees

In a rural area, adjoining owners must make, keep up and repair the lawful fence between them unless they have agreed otherwise. Each owner is liable to the other for one half of the reasonable cost. A written agreement between neighbours overrides that 50/50 default, and the rule applies only to adjoining land in a rural area.

The Trespass Act does not set out a fence-viewer or tribunal procedure for disputes. A neighbour who refuses to pay is dealt with as a civil debt claim, for example in Small Claims or the CRT within its $5,000 limit.

Tree damage is usually a negligence question. Failing to remove an obviously dangerous tree can, depending on the circumstances, amount to negligence, and liability turns on whether the owner knew or ought to have known the tree was dangerous and failed to act reasonably. If more than one person was at fault, liability is shared in proportion to fault. Municipal bylaws may also regulate trees, and those rules vary by municipality.

Quick guide to where a dispute fits

This is a general guide. Your facts, and the exact remedy you want, decide the forum.

What to do next

• Write down the remedy you want: money, removal, or a change to title.
• Add up the amount of your claim and compare it with the $5,000 limit.
• Gather photos, invoices, any written agreement with the neighbour, and a survey if boundaries are involved.
• Note the date you first knew of the loss, because the basic limitation period is 2 years from discovery.
• Check whether a different Act sets its own time limit, since the Limitation Act does not apply where another enactment sets a period.
• Speak with a lawyer before filing if title, a boundary or a large amount is involved.

Frequently asked questions