- In a rural area, adjoining owners must make, keep up and repair the lawful fence, and each is liable for half the reasonable cost unless they agree otherwise.
- The Trespass Act duty does not bind the government and does not apply in the same way in urban areas, where municipal bylaws set the fence rules.
- A neighbour who refuses to pay is pursued as a civil debt, and a Civil Resolution Tribunal claim can go up to $5,000.
Fences cause friction between neighbours, often over money. You may have paid for a new fence along the property line and wonder whether the neighbour has to cover part of it. Or a neighbour may be asking you to pay for one.
In British Columbia the answer depends on where the land is, what you have agreed, and what kind of fence is involved. This article explains the default rule, its limits, and what you can do if the neighbour will not pay.
This article covers the law of British Columbia.
The default rule: a 50/50 split in rural areas
There is no standalone Fence Act in BC today. Boundary-fence cost sharing is found in section 3 of the Trespass Act. Unless the owners have agreed otherwise, owners of adjoining land in a rural area must make, keep up and repair the lawful fence and any natural boundary between their land.
Each adjoining owner is liable to the other for one half of any cost reasonably incurred in making, keeping up and repairing the lawful fence and any natural boundary. The word reasonably matters: an expensive upgrade chosen by one neighbour alone may not be fully shared.
The Act does not define what a rural area is, so a property near the edge of a town can raise a real question. Section numbers can also be renumbered or cited differently, so confirm the current section of the Trespass Act before you rely on it in a letter or claim.
What counts as a lawful fence
The cost-sharing duty applies to a lawful fence. The Lieutenant Governor in Council may define a lawful fence by regulation for a described area. The Trespass Regulation sets out what a lawful fence is. For example, for all unorganized portions of the Province it is a fence substantially constructed from the ground to a height of at least 4 feet 6 inches.
A decorative or extra-tall fence you want for privacy may go beyond the lawful fence. Whether your neighbour must share that extra cost is a fair question to raise with a lawyer.
When the rule does not apply
- A written agreement between neighbours overrides the 50/50 default, because the duty applies only unless otherwise agreed.
- The duty is not binding on the government.
- Provincial guidance adds that it does not bind treaty lands or Nisg̱a'a Lands, and that the Province is not subject to it where Crown land adjoins private land under Range Act agreements.
- In urban areas the rural-area duty is not the starting point. Height, setback and permit rules for a fence come from the municipality's bylaws, not from a provincial fence statute, and they vary by municipality.
If you live in a city or town, check the local bylaws before building, and talk with your neighbour about who will pay.
If your neighbour refuses to pay
The Trespass Act does not set out a fence-viewer or tribunal procedure for fence disputes. A refusing neighbour is dealt with as a civil debt claim. There is no fence-viewer process to apply to.
| Amount of claim | Where it can go |
|---|---|
| Up to $5,000 | Civil Resolution Tribunal |
| Over $5,000 | Provincial Court (Small Claims) or Supreme Court |
A shared-fence cost claim within the $5,000 amount can go to the Civil Resolution Tribunal. Receipts, quotes, photos and any messages with your neighbour will be useful evidence.
If the fence is in the wrong place, and what to do next
A different problem arises when a fence or building crosses the boundary. The main statutory route is section 36 of the Property Law Act. Where a survey shows a building encroaches on adjoining land, or a fence is improperly placed so that it encloses adjoining land, the Supreme Court may declare an easement, vest title in the encroaching owner on payment of compensation, or order removal. The survey is the foundation of the claim. The Civil Resolution Tribunal cannot hear this kind of claim; it is for the Supreme Court.
- Find out whether your property counts as a rural area and whether a municipal bylaw applies.
- Check for any written agreement with the neighbour about the fence.
- Confirm the current section of the Trespass Act and the Trespass Regulation definition of a lawful fence.
- Get a written agreement on cost before building.
- Keep quotes, receipts and photos.
- Get a survey if you think the fence is off the boundary.
- Speak with a lawyer if the amount is large or the boundary is in dispute.
Frequently asked questions
Do I have to pay half if my neighbour builds a fence without asking me?
In a rural area, each adjoining owner is liable for one half of costs reasonably incurred in making, keeping up and repairing the lawful fence, unless otherwise agreed. Costs that go beyond a lawful fence or are not reasonable may be disputed. It is better to raise the cost with your neighbour before building.
Does the 50/50 rule apply in a city?
The Trespass Act duty is for adjoining land in a rural area. In urban areas, fence height, setback and permit rules come from municipal bylaws and vary. Check with your municipality and consider a written agreement with your neighbour.
Can a written agreement change the split?
Yes. The Trespass Act duty applies unless otherwise agreed, and a written agreement between neighbours overrides the 50/50 default. A clear written agreement also helps if a dispute arises later.
Where do I claim if my neighbour will not pay?
It is treated as a civil debt claim. The Civil Resolution Tribunal can take claims up to $5,000, while larger claims go to Provincial Court (Small Claims) or Supreme Court.
Sources
- Property Law Act, RSBC 1996, c. 377 (BC Laws) — bclaws.gov.bc.ca
- Trespass Act (BC Laws) — bclaws.gov.bc.ca
- Province of BC – Livestock containment and fencing requirements — www2.gov.bc.ca
- Trespass Regulation, B.C. Reg. 85/62 (BC Laws) — bclaws.gov.bc.ca
- Community Charter, SBC 2003, c. 26 (BC Laws) — bclaws.gov.bc.ca
- Civil Resolution Tribunal – What kinds of claims can the CRT take? — civilresolutionbc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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