Survey Certificates and Encroachments in BC

Most buyers assume the fence marks the property line. Occasionally it does. Fences tend to get built where the old fence was, or where the ground was easy to dig, or where two neighbours agreed something decades ago, and none of those methods produce a legal boundary.

BC does not require a survey

This surprises buyers coming from other provinces.

In BC, sellers are not required to provide a survey certificate as a condition of sale. Buyers frequently request one, and mortgage lenders sometimes require one as part of approval, but there is no automatic step in a standard residential transaction that establishes where the boundaries run.

So unless somebody orders a survey, most purchases complete without anyone confirming it. For the majority of properties that never causes a problem. For a minority it causes a significant one.

What a survey certificate shows

A survey certificate confirms the legal boundaries of a property and shows the location of improvements on it. In doing so it identifies encroachments, easements, rights of way, covenants, and registered charges affecting the parcel.

That last part is worth noting. A survey and a title search complement each other. The title search tells you what is registered against the property at the Land Title and Survey Authority. The survey tells you where those things physically sit and whether anything is where it should not be.

Our guide to easements and rights of way covers the registered interests in more depth, and title insurance covers a different product that buyers often confuse with a survey.

What an encroachment is

An encroachment is a structure that crosses the property line. A shed built a metre over. A driveway that widened over the years. A roof overhang. A retaining wall.

It can run either direction. Your structure onto a neighbour, or a neighbour's structure onto you. Both create the same category of problem, which is that something physical does not match what title says.

The practical consequence shows up when someone tries to sell, or build, or when a relationship between neighbours changes. An arrangement that worked informally for fifteen years can become a live dispute the moment one of the parties moves.

How BC law handles it

Section 36 of BC's Property Law Act sets out the remedies. 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.

Two things stand out for a buyer.

First, those are court outcomes. An unresolved encroachment can end up in litigation, which is expensive and slow relative to the size of most encroachments.

Second, the section works on proof by a legal survey certificate. The survey is the evidence, which is another reason the document matters beyond simply satisfying curiosity.

When a survey is worth ordering

We do not tell every buyer to order one. It is a real cost and for many purchases it adds little.

We do suggest it when you are buying a detached home or a bare land strata lot, particularly an older one. When structures sit visibly close to a boundary. When you plan to build, add a garage, or install a fence. When the lot is irregular in shape, which is common on creekside and hillside parcels in the Fraser Valley. And whenever something in the title search raises a question you cannot resolve on paper.

For a standard condo purchase it is generally unnecessary, because your strata lot boundaries are defined by the strata plan rather than by a lot survey. Boundary questions in a strata usually turn on the plan and the bylaws instead. Our guide to limited common property covers how that works for parking and storage.

Timing matters more than people expect

A survey takes time to arrange and complete. A BC Land Surveyor has to attend the property, do the work, and produce the certificate.

If you decide during your subject period that you want one, order it immediately rather than at the end of week one. Buyers who leave it late end up choosing between extending their dates and removing subjects without the answer, and neither is a good position.

Our subject removal guide covers protecting enough runway, and the week-by-week closing timeline shows where this fits alongside the inspection and financing.

If the survey finds something

This is the good outcome, even though it does not feel like one.

You now have a fact rather than an assumption, and you have it while you still have options. Depending on what the survey shows, the path forward might be a conversation with the seller, a price adjustment, a registered agreement between the parties, or in more serious cases a legal remedy.

What it should not be is an informal handshake with the neighbour that nobody writes down. That is how the current situation was probably created in the first place.

This is also one of the situations where legal advice earns its cost. Our guide on choosing a notary or lawyer covers the line between routine conveyancing and matters that need a lawyer, and a contested boundary sits firmly on the lawyer side.

The short version

BC does not require a seller to provide a survey certificate, so nobody confirms your boundaries unless you ask. A survey shows the legal boundaries, where improvements sit, and what registered interests affect the parcel.

Encroachments are resolved under section 36 of the Property Law Act, on proof by a legal survey certificate, with outcomes ranging from a declared easement to an order for removal.

Order one when you are buying detached property, when structures sit near a boundary, or when you plan to build. Order it early enough that the answer arrives before your dates do.

We are agents rather than surveyors or lawyers, and none of this is advice on a specific property. A BC Land Surveyor produces the certificate and your lawyer advises on what it means.

Key takeaways

• BC does not require sellers to provide a survey certificate as a condition of sale.
• A survey confirms legal boundaries and shows encroachments, easements, rights of way, covenants, and charges.
• Section 36 of the Property Law Act allows the Supreme Court to declare an easement, vest title, or order removal on proof of an encroachment.
• A fence is not evidence of a boundary, and assumptions about fence lines cause most of the surprises.
• Order early in the subject period, since surveys take time to arrange and complete.

Frequently Asked Questions

What is a survey certificate?

A survey certificate confirms the legal boundaries of a property and shows the location of improvements on it. It identifies encroachments, easements, rights of way, covenants, and registered charges affecting the property. A survey and a title search complement each other: the title search shows what is registered against the property at the Land Title and Survey Authority, while the survey shows where those things physically sit and whether anything crosses a boundary it should not. BC does not require a seller to provide one, so a buyer who wants this confirmation has to order it.

Does a BC seller have to provide one?

No. Unlike some other provinces, BC does not require sellers to provide a survey certificate as a condition of sale, so most residential purchases close without anyone confirming exactly where the boundaries run. Buyers frequently request one anyway, and mortgage lenders sometimes require it as part of approval, particularly on detached homes or irregular lots. For the majority of properties this never causes a problem, but for a minority it causes a significant one, which is why we suggest ordering one whenever structures sit close to a boundary or the lot shape is unusual.

What is an encroachment?

An encroachment is when a structure such as a shed, driveway, or roof overhang crosses the property line onto a neighbouring parcel, or a neighbour's structure crosses onto yours. Both directions create the same category of problem: something physical does not match what the title says. The practical consequence often shows up later, when someone tries to sell, build, or when a relationship between neighbours changes, since an arrangement that worked informally for years can become a live dispute the moment one party moves or wants to build.

How are encroachments resolved in BC?

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, and an unresolved encroachment can end up in litigation that is expensive and slow relative to the size of most encroachments. The section works on proof by a legal survey certificate specifically, which is why the survey itself is the evidence a buyer or owner needs before pursuing any of these remedies.

Is the fence the property line?

Not necessarily, and this is the assumption that causes the most trouble for buyers. Fences tend to get built where the old fence was, where the ground was easy to dig, or where two neighbours agreed something decades ago, and none of those methods produce a legal boundary. Only a survey certificate establishes the actual line, along with the location of any improvements relative to it. If a shed, driveway, or fence sits close to where you believe the boundary is, that is a reason to order a survey rather than rely on what is visible.

Do I need a survey for a condo purchase?

Not in the same way as a detached home purchase. A strata lot's boundaries are defined by the strata plan, so there is no equivalent physical boundary question to resolve on the ground. Boundary questions in a strata usually turn on the strata plan and the bylaws instead, particularly around limited common property such as parking and storage. For a standard condo purchase, a land survey is usually unnecessary, and that budget is better spent elsewhere in your due diligence.

When is a survey worth ordering?

We suggest ordering a survey when you are buying a detached home or a bare land strata lot, particularly an older one, when structures sit visibly close to a boundary, when you plan to build, add a garage, or install a fence, when the lot is irregular in shape, or when anything in the title search raises a question you cannot resolve on paper. Irregular shapes are common on creekside and hillside parcels in the Fraser Valley, which makes this list especially relevant there. We do not suggest ordering one for every purchase, since it is a real cost that adds little value on many properties.

Does title insurance replace a survey?

No, they do different things and one does not substitute for the other. Title insurance may provide coverage for certain title-related risks depending on the specific policy, which can include some encroachment scenarios after the fact, while a survey tells you where the boundaries actually are before you buy. A survey gives you a fact to act on during your subject period, such as negotiating with the seller or seeking a legal remedy, while title insurance responds to a problem after it has already surfaced. Read the policy and speak with your conveyancer about what is and is not covered.

How do I get a survey certificate?

A BC Land Surveyor prepares a survey certificate, attending the property to do the work before producing the document. Your notary, lawyer, or agent can usually recommend one to contact. Order it immediately once you decide you want one, rather than waiting until later in your subject period, since it takes real time to arrange and complete. Buyers who leave it late end up choosing between extending their dates and removing subjects without the answer, and neither is a good position to be in.

What if the survey finds an encroachment?

You then have a real fact to work with instead of an assumption, and you have it while you still have options during your subject period. Depending on what the survey shows, the path forward might be a conversation with the seller, a price adjustment, a registered agreement between the parties, or in more serious cases a legal remedy under section 36 of the Property Law Act. That conversation belongs with your lawyer rather than being handled as an informal handshake with the neighbour, since an informal arrangement is often how the original problem was created.

Sources

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

Verified September 1, 2026. General information only, not legal or survey advice. A BC Land Surveyor prepares survey certificates. Consult your notary or lawyer about title matters on your specific purchase.

Related FRIVE guides

• Easements and rights of way on your title, the registered interests a survey reveals
• Title insurance for BC home buyers, a different product that covers different risks
• Fences and property lines, the neighbour conversation that follows
• Notary or lawyer for your BC closing, when a boundary issue needs legal advice
• Subject removal in BC, leaving time to order and receive a survey

Next Steps: Work with FRIVE

Most Fraser Valley purchases never need a survey, and we will say so when that is our read. The ones that do need it tend to be obvious from the first showing: a shed near a line, an odd-shaped lot, a driveway that seems to serve two houses.

If you are unsure whether your purchase is one of them, start a conversation with the FRIVE team or browse current Fraser Valley listings.