Neighbour Boundary Disputes in Alberta: How They Get Resolved

A disagreement over where a fence belongs, where the property line runs, or whether a neighbour's garage or deck crosses it can wear on everyone involved. Most people want to know what the sensible order of steps is before things become expensive or hostile.

In Alberta, different problems go to different places. A fence dispute, a survey question and an encroaching building each have their own rules. This article walks through them in the order most people meet them, so you can tell which one fits your situation.

This article covers the law of Alberta.

Start with the facts and a conversation

Before anything formal, work out what you are actually disagreeing about. Is it the location of a fence, the position of the property line itself, or a structure that sits on the wrong side? Each one leads to a different process.

A calm, documented conversation with your neighbour often settles more than people expect. Bring your certificate of title, any survey you have and photos of the area. Some people also involve a neutral third party to help them talk it through. If you reach an agreement, put it in writing so it does not depend on anyone's memory.

Your certificate of title is conclusive proof in all courts of who owns the land, subject to exceptions for fraud in which the owner took part and for land included by a wrong description of boundaries. That is why the title and the legal description are the starting point for any boundary question.

When the line itself is in doubt: surveys

If you and your neighbour cannot agree where the line runs, a survey is the usual next step. Surveys are made under the supervision of an Alberta land surveyor.

Old survey markers sometimes go missing. Under the Surveys Act, if a monument cannot be found, the surveyor works from the best available evidence of where it was. If that does not work, the surveyor re-establishes the corner so as to carry out the evident intention of the original survey.

If you believe an earlier survey was wrong, the Surveys Act has a process for that. The Director of Surveys investigates where written notice states that the position of a corner or boundary is in question because of an alleged error in a survey. A party may appeal a Board order to the Court of King's Bench within 30 days.

Fence disputes under the Line Fence Act

If neighbours disagree on the proper location of a line or boundary fence, the Line Fence Act has each of them appoint an arbitrator to decide. The decision does not affect title to the land on either side, and it binds only while the fence exists as a lawful fence.

There is an important limit. Sections 2 and 3 of the Act apply only to the extent that a fence is designed to keep the livestock of an owner or occupier out of a neighbour's land. A typical backyard privacy fence in town may not fit that description, so this route may not be available to you.

Where neighbours want a shared fence, they bear the cost of erecting, maintaining and repairing it in equal shares, but only to the extent the fence is designed to keep the livestock of an owner or occupier out of a neighbour's land. For other kinds of fences, how cost is shared depends on your situation, so it is worth confirming with a lawyer.

When a building or improvement crosses the line

An encroachment is different from a fence argument. Under the Law of Property Act, where a building encroaches on adjoining land, the Court may order the encroachment removed or abandoned, order an easement to be given, or order the building owner to acquire the encroached land.

For improvements made on the wrong land, the Court may order removal, an easement, acquisition of the land, or compensation by the registered owner for the added value, having regard to what is just in all the circumstances. In some cases the Court may find that the claimant does not have to prove they believed the land was their own, when it considers that just.

What to do next

• Get a copy of your certificate of title and any existing survey.
• Photograph the fence, structure or markers, with dates.
• Write down what you and your neighbour have said and agreed so far.
• Decide whether the issue is a fence, the line itself or an encroaching structure.
• Speak with a lawyer before you move or remove anything, since the right process depends on which issue you have.

Avoid tearing down a fence or building on disputed ground while the question is open. A lawyer can tell you which route fits your facts and how the timing works.

Frequently asked questions