Do You Need a Land Survey When Buying Rural Property in BC?

Buying rural property in British Columbia often means buying land with few clear markers. There may be no fence, an old driveway that wanders, or a shed that looks like it sits near the edge. You may wonder whether a survey is a must-have or an extra cost.

This article explains in plain terms what a survey does, how it differs from a title search, and when buyers commonly decide it is worth getting. It is general information, not advice about a particular parcel.

This article covers the law of British Columbia.

What a survey does, and how it differs from a title search

A title search is a look at the land title record. It shows who is the registered owner and what interests, charges or notes are registered against the property. It is a paper check of the record.

A survey is different. A land surveyor works on the ground and in the records to show where the boundaries are and where buildings, driveways, fences and other features sit in relation to them. In short, one tells you what is registered, the other shows you what is physically there.

When a survey is commonly worth getting

Not every purchase needs a new survey. Buyers often consider one when the physical picture is unclear or when the stakes of a boundary problem are high.

• There are no fences, markers or other clear signs of where the property ends.
• Fences, hedges or driveways exist but may not follow the real lines.
• A building, well, septic field or outbuilding looks close to the edge of the lot.
• A neighbour uses part of the land, or you use part of theirs, such as a shared driveway or pasture.
• You plan to build, add a structure, fence the land, or one day subdivide.
• The property is large or irregular and the seller cannot say where the corners are.

If a survey plan already exists, ask your lawyer whether it is current and whether it shows the buildings and improvements as they are today. An older plan may not reflect changes made since it was prepared.

Boundaries and encroachments

An encroachment is when something on one property crosses onto another, for example a fence built a little too far over, or a garage that sits partly on a neighbour's land. A survey is the usual way to learn whether that is happening.

What happens if there is an encroachment depends on the facts, including how long it has existed and what the neighbours have agreed. That is a question for a lawyer. It is far easier to raise it before you buy, when you can ask the seller to resolve it or adjust the deal, than after closing.

Rural features a survey does not settle

Rural land comes with extra layers. A survey can show where a well or septic field sits, but it does not tell you whether those systems are lawful, safe or transferable. These points are worth checking separately.

• Wells and water use: a person generally needs an authorization to divert or use water, but households using groundwater for domestic purposes are exempt from licensing and provincial water fees, while non-domestic uses such as irrigation or commercial use need a licence.
• Water licences: rights under a licence tied to the land pass with the land, and the owner must give written notice of the conveyance before completing the disposition. A buyer also takes on the licence and its rental payments.
• Well water quality: Health Canada guidance is to test well water for microbes at least once every 6 months, and a neighbour's result cannot be relied on.
• Septic systems: an authorized person files with the health authority before construction, and a letter of certification is due within 30 days of completing construction. Ask for the filing records.
• Agricultural Land Reserve (ALR): land in the ALR cannot be subdivided unless the Agricultural Land Commission allows it or a regulation permits it, even for parcels under 2 acres, and local zoning compliance does not guarantee Commission approval.

Reserve and treaty land

If the property is on reserve or treaty land, the usual title and survey assumptions may not apply. For example, the provincial Torrens system does not apply to a Nisga'a Lands parcel unless an indefeasible title application has been made. On reserve, the borrower generally must hold a certificate of possession or have been granted use of the land by the First Nation to get an approved lender's loan. How the land is described and recorded depends on the nation and the type of interest, so confirm it with a lawyer and the First Nation's land office.

What to do next

• Ask the seller for any existing survey plan, and note its date.
• Walk the property and compare what you see with the plan and the listing.
• Ask your lawyer to do the title search and explain what is registered.
• Decide, with your lawyer, whether a new survey should be a condition of your offer, and allow time for it in your closing timeline.
• Gather well, septic and water licence records, and arrange a water test.
• Check whether the land is in the ALR if you may want to subdivide.
• Have any contract wording about boundaries or improvements reviewed before you remove subjects.

A lawyer can look at the specific parcel, explain what a survey would add, and help you write conditions that protect you.

Frequently asked questions