Who Pays for a Boundary Fence Between Neighbours in BC?

A fence between two properties is one of the most common sources of friction between neighbours. One owner wants a new fence, the other does not see the need, and nobody is sure who is supposed to pay.

In British Columbia, the answer depends on where the land is. A provincial rule splits the cost of a lawful fence between adjoining owners in a rural area, unless they agree otherwise. In towns and cities, fence height, setback and permit rules come from the local municipality's bylaws. This article explains the general picture so you know what to check before you talk to your neighbour.

This article covers the law of British Columbia.

The 50/50 rule for rural boundary fences

Under the Trespass Act, unless the neighbours 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 owner is liable to the other for one half of any cost reasonably incurred in doing so.

The words "unless otherwise agreed" matter. A written agreement between you and your neighbour overrides the 50/50 default, so it is worth putting any arrangement in writing. The rule applies only to adjoining land in a rural area, so it does not automatically apply to every residential lot.

Not everyone is bound. The duty does not bind 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.

What counts as a lawful fence

The cost-sharing duty relates to a lawful fence. The Trespass Act allows the Lieutenant Governor in Council to define a lawful fence by regulation for a described area. The Trespass Regulation sets this out. For example, for all unorganized portions of the Province, a lawful fence is one substantially constructed from the ground to a height of at least 4 feet 6 inches.

Because the definition can differ by area, check the regulation before you build. A fence that goes beyond the legal minimum may leave you arguing about whether the extra cost was reasonable, since only costs reasonably incurred are shared.

Fences in towns and cities

For fence height, setbacks and permits in a municipality, the rules come from that municipality's bylaws rather than from a provincial fence statute. These rules vary from place to place.

• Check your municipality's bylaws for maximum fence height and any setback from the street or lane.
• Ask whether a permit is needed for the fence you have in mind.
• Check any rules about trees or hedges along the line, since councils can regulate trees by bylaw.
• Agree on cost sharing with your neighbour in writing before work starts.

If your neighbour refuses to pay

The Trespass Act does not set out a fence-viewer or tribunal procedure for disputes. A neighbour who refuses to pay their share is dealt with as a civil debt claim.

The Civil Resolution Tribunal can take small claims up to $5,000, so a shared-fence cost claim within that amount can go to the tribunal. Larger claims go to Provincial Court (Small Claims) or Supreme Court.

Timing matters. Generally, a court proceeding must not be started more than 2 years after the day the claim is discovered. A claim is discovered on the first day you knew or reasonably ought to have known that you suffered a loss, that an act or omission caused it, that it was the defendant's, and that a court proceeding would be an appropriate way to seek a remedy. If your neighbour acknowledges the debt before the period ends, the claim is treated as not discovered before the day of the acknowledgment, and that acknowledgment generally must be in writing, signed, and made to you or your agent. A specific time limit in another law can displace these rules, so confirm which period applies.

When the fence is in the wrong place

Sometimes the problem is not cost but location. Where a survey shows that a building encroaches on adjoining land, or a fence is improperly placed so that it encloses adjoining land, the Supreme Court may, on application, do one of three things: 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 encroachment or fence removed. A survey is the foundation of this kind of claim.

Owner here includes a person with an interest in, or right to possession of, the land, so a tenant may also apply or be affected. A claim to remove an encroachment or vest title is for the Supreme Court, not the Civil Resolution Tribunal.

Many people assume that a fence standing for decades moves the boundary. Generally it does not. Once an indefeasible title is registered, a title adverse to the registered owner's is not acquired by length of possession. Prescription is abolished, so long use of a neighbour's strip does not create a prescriptive easement. Under the Limitation Act, except as specifically provided by that or any other Act, no right or title to land may be acquired by adverse possession, and rights acquired before July 1, 1975 are not interfered with. How this applies to your land depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Find out whether your land is in a rural area or within a municipality, and read the relevant bylaws or regulation.
• Talk to your neighbour before building and put any cost-sharing agreement in writing.
• Keep quotes, invoices and photos of the work.
• Order a survey if you are unsure where the boundary lies.
• Note the date you first knew of the problem, because the 2-year period can start running.
• Speak with a lawyer if a fence is misplaced or the amount is larger than the tribunal's limit.

Frequently asked questions