Fences and Property Lines: Avoiding a Dispute You Inherit

A fence dispute sounds like a small thing until you are living beside one. What makes them persistent is that they are rarely about the fence itself. They are about a boundary nobody ever confirmed and an understanding between two previous owners that was never written down.

The fence is not evidence

Fences end up where they end up for practical reasons. The ground was easier to dig. The old fence was there. Two neighbours agreed something reasonable one afternoon and built it.

None of those methods produce a legal boundary, and a fence that has stood for thirty years is not more accurate for having stood a long time.

The only thing that establishes a boundary is a survey certificate prepared by a BC Land Surveyor, confirming the legal boundaries and showing where improvements actually sit. Our guide to survey certificates and encroachments covers what the document does and when it is worth ordering.

You inherit the situation

This is the part buyers should internalize.

A boundary disagreement attaches to the properties rather than to the people involved. When you buy, you step into whatever situation exists, including tension that predates you by years.

The previous owners may have had a comfortable understanding that worked fine. Understandings do not transfer. A new owner on either side can reasonably take a different view, and the absence of documentation means there is nothing to point to.

What to look for at a showing

Some visual signals are worth noticing, and they take seconds.

A fence sitting at an odd angle relative to the house or to the street. A section that is clearly newer than the rest, which sometimes marks where a disagreement was resolved by one party rebuilding. A shed, garage, or driveway running right up to a boundary. And the clearest signal of all, two parallel fences a short distance apart, each built by a neighbour who declined to accept the other one.

None of these prove a problem. All of them justify a question.

The question to ask

Ask the seller directly whether there has ever been a disagreement with a neighbour about the boundary, the fence, or access.

Sellers answer this more often than buyers expect. The property disclosure statement covers specified matters, and a direct question can surface things a form does not.

If you get the chance to speak with a neighbour, that conversation is useful too. Neighbours are frequently candid, and a boundary dispute is rarely a secret to the people living beside it.

If a fence encroaches

Section 36 of BC's Property Law Act provides that on proof of an encroachment by a legal survey certificate, the Supreme Court may declare an easement, vest title to the land in the encroaching owner, or order removal of the encroachment.

Those are court outcomes. None of them are quick, and the legal cost can exceed the value of the strip of land in dispute several times over.

Which is exactly why the useful moment is before you buy, while a survey is a modest expense and you still have subjects in place. Our subject removal guide covers protecting the time.

Municipal fence rules

Separate from the boundary question, municipalities regulate fences.

Height limits are common, often different for front yards than back yards. Corner lots frequently have sightline requirements so that fences do not block visibility at intersections. Materials may be restricted in some zones.

Check the local bylaw before building or replacing anything. This is the same municipal layer that governs tree removal, and the rules differ between Fraser Valley cities.

Who pays for a shared fence

There is no automatic split in the way people sometimes assume.

Cost sharing between neighbours is a matter of agreement. If you reach one, write it down, because a verbal agreement about a fence has a short life expectancy and does not survive either party selling.

A short written note signed by both owners, setting out who paid what and where the fence sits relative to the boundary, costs nothing and prevents the exact situation described throughout this article.

Fences in a strata

If you are in a townhouse complex, the analysis changes.

Fencing is usually governed by the bylaws and may be common property or limited common property. Installing or altering a fence generally requires strata approval regardless of which side you live on.

That is more restrictive and considerably simpler, because the strata rather than the two of you decides.

What not to do

Do not move a fence to where you believe the line is before anyone has measured. That single action converts a manageable conversation into a dispute with a history, and it puts you in the position of having acted first.

Establish the boundary. Then talk. Then, if it is contested, get legal advice. Our guide on notary versus lawyer covers when a matter moves beyond routine conveyancing, and a contested boundary is squarely in lawyer territory.

The short version

The fence tells you nothing about the boundary. A survey certificate does. Disputes attach to properties and transfer to you when you buy.

Look for the visual signals at showings, ask the seller a direct question, and order a survey when something looks off. Check municipal rules before building, put any cost sharing in writing, and in a strata check the bylaws first.

We are agents rather than surveyors or lawyers, and none of this is advice on a specific boundary. A BC Land Surveyor establishes the line and your lawyer advises on a dispute.

Key takeaways

• A fence is not evidence of a boundary regardless of how long it has stood.
• Boundary disputes attach to the properties and transfer to a new owner.
• Odd angles, newer sections, structures near the line, and double fences are worth a question.
• Section 36 of the Property Law Act allows the court to declare an easement, vest title, or order removal on proof of encroachment.
• Municipal bylaws regulate fence height and placement, and strata bylaws govern fencing in a complex.

Frequently Asked Questions

Is the fence always on the property line?

No, a fence is not reliable evidence of where a property line sits. Fences get built where the ground was convenient to dig, where a previous fence already stood, or where two neighbours reached an informal agreement without ever measuring anything. A fence that has stood for decades is not more accurate for having stood a long time. Only a survey certificate prepared by a BC Land Surveyor establishes the actual legal boundary, and that document is what turns an argument into a confirmed fact.

Who owns a fence between two properties?

A fence entirely on one side belongs to that owner, while a fence built jointly on the line is a shared arrangement. Ownership depends on where the fence sits and how it was built and paid for. Records are often nonexistent, which is where disputes begin.

Do I inherit my neighbour's dispute when I buy?

Practically, yes, a boundary disagreement attaches to the properties involved rather than to the specific people who own them at any given moment. That means a conflict that existed before a sale is still waiting for the new owner afterwards, even though the previous owners may have had a comfortable informal understanding that simply does not transfer. Ask the seller directly whether there has ever been a disagreement with a neighbour about the boundary, the fence, or access, before writing an offer.

How do I find out where the boundary actually is?

The way to find out where a property boundary actually sits is to order a survey certificate from a BC Land Surveyor. This document confirms the legal boundaries of the lot and shows where structures such as fences, sheds, and driveways sit in relation to them, which is what turns a guess or an argument into a confirmed fact. A survey is a modest expense compared with a legal dispute later, and it is worth ordering whenever anything about a fence line looks off during a showing.

What if a fence encroaches?

If a fence encroaches onto a neighbouring property, section 36 of BC's Property Law Act allows the Supreme Court, on proof of the encroachment by a legal survey certificate, to declare an easement, vest title to the land in the encroaching owner, or order the encroachment removed. These are court outcomes, none of them fast, and the legal cost can exceed the value of the strip of land in dispute several times over. Legal advice is appropriate before taking any action, and prevention through an early survey is far cheaper than resolving an encroachment after the fact.

Are there municipal rules about fences?

Yes, separate from the boundary question, Fraser Valley municipalities regulate fence height, materials, and placement. Height limits are common and often differ between front yards and back yards, corner lots often have sightline requirements so fences keep visibility at intersections clear, and some zones restrict materials. The tree bylaws that also apply to residential yards are a separate set of rules. Check the local bylaw for the specific city before building or replacing any fence.

Who pays for a shared fence?

There is no automatic split for who pays to build or repair a fence shared between two properties. Cost sharing is a matter of agreement between the two neighbours, and an agreement that is not put in writing tends not to survive a change of ownership on either side. A short written note signed by both owners, setting out who paid what and where the fence sits relative to the boundary, costs nothing to create and prevents the exact kind of dispute a new buyer might otherwise inherit.

What about fences in a strata?

In a townhouse strata, the fence question works differently from the two-neighbour situation on a detached lot. Fencing is usually governed by the strata bylaws and may be classed as common property or limited common property instead of belonging to an individual owner. Installing or changing a fence usually requires strata approval regardless of which side of it a resident lives on, because the strata corporation is the party that decides. This makes strata fencing more restrictive but also simpler than a boundary dispute between detached neighbours.

Should I raise fence questions before buying?

Yes, raising fence questions before buying is one of the simplest ways to avoid inheriting a neighbour's dispute. Watch for visual signals at a showing: a fence sitting at an odd angle relative to the house or street, a section that looks clearly newer than the rest, a shed or driveway running right up to a boundary, or two parallel fences built a short distance apart. None of these prove a problem on their own, but each one justifies asking the seller a direct question about whether a boundary disagreement has ever existed.

Can I just move the fence to where I think the line is?

Moving a fence to where a homeowner believes the boundary is, before anyone has actually measured it, is how a manageable conversation turns into a lasting dispute. Acting first also puts that homeowner in a weaker position if the matter later becomes contested or goes before the courts. The right order is to establish the boundary with a survey certificate from a BC Land Surveyor first, then discuss the finding with the neighbour directly, and get legal advice if the situation turns out to be contested.

Sources

• Property Law Act, Government of British Columbia
• Land Title and Survey Authority of British Columbia

Verified September 1, 2026. General information only, not legal or survey advice. Boundary and encroachment matters depend on the facts of each property. Consult a BC Land Surveyor and a lawyer.

Related FRIVE guides

• Survey certificates and encroachments, the document that settles a boundary
• Easements and rights of way, what else affects your land
• Tree bylaws in the Fraser Valley, the other municipal layer on your yard
• Property disclosure statement in BC, what a seller must tell you
• Notary or lawyer for your BC closing, when a dispute needs legal advice

Next Steps: Work with FRIVE

We ask about neighbour relationships on nearly every detached showing, because it is one of the few things that genuinely affects daily living and never appears in a listing.

If you want a second opinion on a property where something about the fence line looks off, start a conversation with the FRIVE team or browse current Fraser Valley listings.