Legal Brief for November, 2013

Good Fences Make ...

... good neighbours.  We have all heard that saying, and like most tried and true sayings there is much truth to it.  However, it is also important to keep in mind that a fence not built in compliance with applicable legal requirements is probably worse than no fence at all in terms of neighbourly relations.  Here are a few things to keep in mind as you settle in for the winter and start to think about tackling that long awaited back yard fence project next spring that you have been putting off for a couple of years.

1. If you are planning on building the fence on a common property line with a neighbour, you should consult with your neighbour on the style of fence and method of construction.  If you do not do this you may lose your right to ask for a contribution to the cost of the fence that you would otherwise be entitled to under The Line Fence Act, which provides that fences built on common property lines should be cost shared 50/50 between the owners.

2. You should locate the survey markers for your property before beginning to construct your fence.  By doing so you will increase your chances of building the fence on the actual lot line and not possibly on an adjoining property.  Also, it is illegal to tamper with survey markers.  You can receive a fine of up to $10,000.00 or jail time for such an offence.  You should also never construct the end point of your fence directly over a survey marker.  By doing so you restrict the ability of others, including utility or municipal employees, from properly locating the lot boundaries if they needed to do so in the future for any reason.

3. This is especially critical if your lot adjoins a City of Edmonton owned property, such as a back lane.  If your fence strays over on to City of Edmonton property, you have what is known as an "encroachment" and the City may charge you a significant fee at some point for having encroached on their property.  If you are not sure of your property boundaries or do not have a current Real Property Report for your property, you may wish to hire a survey company to prepare a survey of the property for you, which will disclose the location of the markers and any existing fences.

4. If you are building a new fence to replace an old, rotting existing fence, and you plan on just building the new one on top of the old, do not assume that the old fence is in the correct location.  The person who built it may not have taken any of the steps noted above, and in fact the fence may have been in the wrong location for years and no one has ever happened to notice.  Take the time to make sure your new fence is going to be in the right location.

5. Most municipalities have regulations about the type of fence that can be built, the height and the type of construction.  You may be required to obtain both a development permit and a building permit.  To be safe you should always consult with your municipal government to determine if any permits are required.

6. Before you start construction be sure to contact Alberta One Call to determine if there are any power or utility lines in the area of your proposed fence.  You do not want to take a chance on inadvertently hitting a gas or power line.