Who Owns a Boundary Fence Between Neighbours in British Columbia?

You want to replace a tired fence on the property line, or your neighbour has asked you to pay half. Many people assume a provincial Fence Act sets this out, and it is hard to know who owns the fence and who must pay.

This article explains how the rules generally work in British Columbia, where the 50/50 rule applies and where it does not, and what you can do if a neighbour refuses to contribute.

This article covers the law of British Columbia.

Is there a BC Fence Act?

There is no current standalone Fence Act in British Columbia. The cost-sharing rule for boundary fences sits in the Trespass Act. Unless otherwise agreed, owners of adjoining land in a rural area must make, keep up and repair the lawful fence and any natural boundary between their land.

There is also no fence-viewer process under that Act. It does not set out a tribunal procedure for disputes, so a neighbour who refuses to pay is dealt with as a civil debt claim.

The 50/50 rule and when it applies

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 key limits are these:

• It applies only to adjoining land in a rural area, and only unless otherwise agreed, so a written agreement between neighbours overrides the 50/50 default.
• Whether your property counts as rural is worth confirming, because it affects whether the Act applies at all.
• The duty is not binding on the government, and provincial guidance adds that it does not bind treaty lands or Nisg̱a'a Lands.
• Only a lawful fence counts. The Trespass Regulation defines it, and 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.

Only costs reasonably incurred are shared. Agree on the type of fence and obtain quotes before work starts, so there is little room for argument afterwards.

Town and city lots: municipal bylaws

If you are in a built-up area, the height, setback and permit rules for a particular fence come from that municipality's bylaws, not from a provincial fence statute. These rules vary from one municipality to the next, so check with your city or district office before you build or replace a fence. Whether the neighbour must contribute in an urban setting depends on the facts and on any agreement you have, which a lawyer can confirm.

When the fence is not on the line

Who owns a particular fence depends on your situation, so it is worth confirming with a lawyer, and a survey is the reliable way to see where the boundary actually runs. 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 on application declare an easement for a set period on payment of compensation, vest title to the enclosed land in the encroaching owner on payment of compensation, or order the owner to remove the encroachment or fence.

This is the main statutory route when a fence crosses the boundary, and survey evidence is the foundation of the claim. A claim to remove an encroachment or vest title is for the Supreme Court, not the Civil Resolution Tribunal.

If your neighbour refuses to pay: next steps

• Check whether your land is in a rural area and whether you and your neighbour ever signed an agreement about the fence.
• Confirm your municipality's bylaw rules on height, setbacks and permits.
• Get written quotes and send them to your neighbour before building.
• Keep invoices and proof of payment, because only reasonable costs are shared.
• Put your request for half the cost in writing and give a reasonable deadline.
• If the neighbour still refuses, a claim of up to $5,000 can go to the Civil Resolution Tribunal, and larger claims go to Provincial Court (Small Claims) or Supreme Court.
• If the dispute is about where the boundary is, get a survey and speak with a lawyer.

Frequently asked questions