Boundary disputes

How BC law treats it

BC land boundaries are defined by the registered subdivision plans and descriptions in the Land Title Office. Where the line on the ground is unclear, a BC land surveyor, a regulated professional licensed through the Association of British Columbia Land Surveyors, locates it from the plan and the original survey evidence. A survey certificate or a new survey is usually the first step in any dispute. Long occupation does not move a boundary. Section 23(3) of the Land Title Act, RSBC 1996, c 250 bars acquiring title to registered land by length of possession, and section 24 abolishes title by prescription, so a fence in the wrong place for decades does not transfer the land beneath it. When a building, fence or other improvement crosses the line, the BC Supreme Court can resolve the encroachment under section 36 of the Property Law Act, RSBC 1996, c 377. The court may declare that the encroaching owner has an easement, vest title to the encroached strip in that owner, order the encroachment removed, and order compensation. Many disputes settle by a registered easement or a boundary adjustment by subdivision, which requires approval and a new plan.

What it means for your business

For commercial and industrial property owners, a boundary problem can stall a sale, refinancing, rezoning or building permit. Lenders and buyers often require the issue to be resolved before closing. Ordering a survey early in a purchase and dealing with any encroachment in writing with the neighbour is far cheaper than litigation later. Neighbours who will share a boundary for years also benefit from a negotiated solution that preserves the relationship. Example: A survey for a Coquitlam retail plaza refinancing shows the neighbour's parking lot extends onto the plaza lot. The owners agree to a registered easement with a one-time payment, satisfying the lender without going to court.

Risks and common mistakes

Treating an old fence line as the legal boundary without a survey. Assuming long use gives a neighbour ownership or an easement. Removing a neighbour's structure before agreeing on the line or obtaining a court order. Buying commercial property without a current survey or survey certificate. Settling informally without registering the easement or boundary change on title.