Fences and Neighbours

Property owners can build a fence around their property

In BC, property owners are allowed to build a fence (or plant a hedge) around their property. As explained below, there are restrictions on where the fence can be placed and the type of fence they can build. But they can build one if they choose.

That said, except in a few specific situations, no one has to build a fence. There is no general law requiring a fence between neighbouring properties; most people simply agree to have one. However, in some specific situations, a fence can be legally required. For example: 

• Some communities have local bylaws that require swimming pools to be fenced.
• Many communities have local bylaws that require dog owners to keep their dog, if the dog goes outside, in a securely fenced area.
• Some housing developments (for example, some strata properties) have bylaws that require fencing around individual units or common property. 

On the website CivicInfo, you can search across BC local government websites to find local bylaws relating to fences in your community. In the search box, type in “fence bylaw [community name]”. 

Where a fence can be built

There are rules on where a fence can be placed. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the “property line”). If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees.   

A person can’t build a fence on property that’s not theirs—unless they get permission to do so. 

It is the property owner’s responsibility to ensure they locate the property line accurately. A land survey can help you identify the location of a property line. A survey will show the location of the iron pins in the ground (known as “survey monuments”)  that mark the property corners and boundaries. 

If there is a dispute about where a fence should go, a land survey will show the location of a property line between adjoining properties. You can search the BC Land Title & Survey Office to see if a land survey is part of the public record for a property. You can also hire a registered BC land surveyor to come to the property and identify the property line. 

Who is responsible for the cost of a fence

If a property owner installs a fence completely on their side of the property line, this fence is theirs. They are the only owner and they must pay for it.

If the fence is on the property line, the neighbours on either side are legally equal partners. Generally, they must each pay half the cost of building or repairing the fence. But there are exceptions.

What type of fence can be built

Most cities and towns in BC have local bylaws setting out rules for the kind of fence you can put up. They typically say what materials can (and can’t) be used, how high a fence can be, and whether there are other restrictions on the type of fence that can be built. 

For example, in many communities, a fence between residential properties can’t be made from barbed wire or razor wire, or be electrified.   

The maximum height for a fence often varies based on the zoning of the property and the fence’s location on the property—for example, the fence in a front yard can’t be over 4 feet, and the fence in side and back yards can’t be over 6 feet. 

In many communities, if a property is located on a corner lot, the height of a fence cannot obstruct the sightlines for vehicles at the intersection.

You can check with your city or town hall to find the fence bylaw that applies in your community. The website CivicInfo allows you to search across BC local government websites to find bylaws relating to fences in your community.

If you live in a planned community or a strata property, there may be additional rules on what kind of fence you can build. A strata property’s bylaws, for example, may dictate the style, size and maintenance of the fence or may not allow a fence at all. 

If you want to build a fence

If you’re thinking of building a fence, talk with the neighbours who live in adjoining properties. 

Even if you’re planning to build the fence on your side of the property line (and so don’t need your neighbour’s agreement to build it), people appreciate being consulted about changes to a neighbouring property that can affect their views or their property.

If you want to install the fence on the property line with a neighbour’s property, you have to talk with your neighbour. You need their agreement on the type of fence and the cost. You can’t impose a shared fence without giving your neighbour a chance to control its cost.

You don’t (typically) need a building permit

Generally, a building permit is not required to build a fence. However, many communities have local bylaws requiring a building permit in specific situations—for example, if the fence is to be built on top of a retaining wall or around a swimming pool. 

Before you start building the fence, find out if there are any restrictions on your property. For example, fences are not permitted across an easement unless they are specifically allowed under the easement. 

It is your responsibility to locate the property line accurately. You can search the BC Land Title & Survey Office to see if it has a land survey for the property, which will show the property line. Or you can hire a registered BC land surveyor to come to the property and identify the property line. 

Before you make a final plan for your fence, consider any nearby trees and plants that may grow toward or above it. For example, there may be tree roots that could interfere with your fence, or a tree with heavy branches that might drop and damage it.

When you’re building the fence

When building the fence, don’t move any survey monuments that mark the corners or boundaries of the property. Under BC law, it is illegal to remove or tamper with them.

Call before you dig. You can contact BC One Call at 1-800-474-6886 to find out what is buried on your property, such as pipelines, telecommunications cables, water and sewage lines, and electrical wires. Knowing what is under your property reduces the risk of accidents when digging.  

If a fence crosses into a neighbour’s property

Sometimes it comes to light that a fence between two properties is not actually on the property line. This can cause conflict, particularly where a fence built by one property owner partly encloses their neighbour’s land.

Under BC law, either neighbour can apply to court for a resolution. The court can do one of three things:

• Order removal: Order the “encroaching owner” to remove the fence so that it no longer encloses any part of their neighbour’s land.
• Grant an easement: Grant the encroaching owner an easement over the enclosed land, and award the neighbour compensation for the easement.
• Transfer title: Give the encroaching owner title to the enclosed land, and award the neighbour compensation for the transfer.

In deciding what to do, a court will look at:

• Knowledge of the encroaching owner: Was the intrusion accidental or intentional? The court will be more likely to order removal of the fence where the encroaching owner deliberately or deceptively built onto the neighbouring property.
• Extent of the intrusion: How much does the fence intrude? If the diversion from the property line is minor, the court will be less likely to order removal and more likely to grant an easement or transfer of title.
• Practicalities: How costly would the removal of the fence be for the encroaching owner? If relocating the fence would be expensive (because, for example, the fence is made from concrete), the court will be more likely to grant an easement or transfer title rather than order removal.

Where a fence intrudes onto adjoining property, either neighbour can apply to court under BC law, seeking a resolution. The application is by petition in BC Supreme Court. An application by petition is generally quicker and less expensive than a full legal action. The entire process can take one or two months between delivery of materials and the hearing.

Keeping a fence in good repair

Many cities and towns in BC have local bylaws requiring property owners to maintain their fence in good repair. If a fence is along a property line, property owners on both sides are expected to contribute equally to its upkeep. 

Under this BC law, the owners of adjacent land in a rural area must keep up and repair the fence between their land. Each of the owners is liable to the other for half of any cost reasonably incurred for the upkeep and repair.

What if my neighbour doesn’t agree to building a fence?

If you want to build a fence along the property line, you can do so only if the owner of the adjacent property agrees. It makes no difference if you intend to pay the total cost. 

If your neighbour doesn’t agree to building a fence along the property line, you can build a fence entirely on your own side of the property line. As such, it is especially important that you properly locate the property line and build your fence so that maintenance and repairs can be done entirely on your side.

Can I replace the fence that runs along my property line?

If you intend to remove or alter an existing fence along a property line, you must have your neighbour’s agreement or a court order. 

A fence built on the property line belongs to both property owners. Both of you are responsible for the upkeep of the fence and cannot take it down without the other’s permission.