Untidy Premises and Other Neighbourhood Nuisances

If your neighbour’s property is untidy

“My neighbour’s yard is a complete mess. The grass is knee-high, there's a rusted swing set and other equipment (even a car from the 1980s!), and lots of garbage and bottles strewn about. I offered to help my neighbour clean up his property but he kept putting it off. One day, I saw our mail carrier trip over a discarded item and hurt his leg. That was the last straw! I called the city. An inspector came and gave my neighbour a letter telling him he had to clean it up within 10 days. Another neighbour and I helped him transform his yard. The grass is now greener on the other side!" 

– Rohan, Chilliwack, BC

Your neighbour’s property might be a horrible eyesore. But as much as you might want to, you can’t just go over there and tidy up without their permission. The law may be able to help, though. A neighbour's premises may be so untidy as to be a nuisance under the law. To rise to this level, their premises must unreasonably interfere with your right to use and enjoy your property.  

When an untidy premises is a nuisance

Neighbours can’t tell other neighbours what to do (or not do) with their property. People can generally use their land as they like (though the law does set out certain restrictions). But does that mean their front yard can become a dumping ground?

The question is thorny. An untidy or unsightly property is a bit different from other kinds of neighbour problems. Noises and odours can drift into neighbouring properties and spoil your right to use and enjoy your home. But an untidy yard doesn't cross the property line. Even so, a seriously messy yard or balcony can be a “visual nuisance,” even though it doesn’t physically intrude into your space.

Worse still is if the garbage and wild overgrowth is attracting mice, insects, and other pests. Now their problem really is your problem. That “garden” growing over the length of the boundary line isn’t just unsightly: it’s a health hazard. 

At this point you may be able to bring a nuisance claim against your neighbour because there’s an unreasonable interference with your right to use and enjoy your property. We explain what's involved below, under "Work out problems." 

Other legal avenues may be available

Other options for how to proceed depend partly on the type of housing you live in — a condo, basement suite, or single-family home, and so on. Here’s information specific to a condo dweller and a tenant. Your options also depend on your local bylaws; we explain this next. 

Many communities have local bylaws that deal with untidy premises

The law limits what people can do on, and with, their property. While this may be frustrating in some situations, it upholds standards of health and safety that benefit everyone. 

Most BC communities have some version of a local bylaw to control garbage, junk, overgrown yards, or abandoned vehicles. These “unsightly premises” bylaws differ in the details. (Richmond’s, for example, addresses “excessive accumulation” of garbage and buildings tagged with graffiti. Vancouver’s requires that you meet the tidiness standards of other houses in the neighbourhood.) 

A few municipalities (including Vancouver) prohibit property owners and residents from using certain kinds of outdoor lighting. So those bright, decorative LED carnival lights your neighbour installed may amount to a nuisance if they shoot a megawatt glow into your bedroom. 

Several municipalities require property owners to routinely keep their place neat and tidy. It doesn’t matter who’s been throwing garbage on your lawn: it’s your problem now. 

Under these types of bylaws, anyone can complain to the municipality about a neighbour’s untidiness. The municipality can issue fines or cleanup orders to the offending property owner.

For information on the untidy or unsightly premises bylaws in your community, call 3-1-1. You can also contact your local municipality directly, or check their website.

On CivicInfo BC, you can search across local government websites province-wide to find local bylaws relating to untidy or unsightly premises in your community. In the search box, type in “untidy premises bylaw [community name]”.

If water from your neighbour’s property causes interior damage

Drip, drip, drip. You look up and see water oozing from your ceiling. You get a bucket to catch it. Then you call upstairs to tell your neighbour about the leak and damage, mentally calculating the cost of new ceiling plaster. 

If you live in a condo or a multi-family home, a water leak from your neighbour’s hot water tank, toilet, or kitchen sink might damage your ceiling. Worse, it might also damage your floor, carpet, furniture or other belongings. 

It’s logical to believe that your neighbour is responsible for the cost of repairing the damage. After all, this isn’t your fault — the water’s coming from their place. But, in fact, it’s you (and your insurer) who have to pay for the repair costs to your home, unless one of the following applies:

• Your neighbour was negligent. If, say, they failed to deal with an old, leaky hot water tank they’d been advised to replace — and it finally bursts, damaging your ceiling — they could be responsible. 
• Your neighbour committed a nuisance, or unreasonably interfered with your right to use and enjoy your property. So if your furniture is a write-off, for example, because your upstairs neighbour’s hot water tank burst, they could be responsible. 
• There are specific terms about the responsibility for the cost of repairs or payment of an insurance deductible in your tenancy agreement, or strata bylaws. 

On the last point, if you live in a condo, it’s important to check your strata’s bylaws. This is because a bylaw can, for example, make an owner responsible for damage that started in their strata lot, even if the owner didn’t do anything negligent. Or a strata bylaw can require the owner to pay the strata’s insurance deductible if common property was damaged.

As you can see, the matter can get murky pretty quickly. When you’re trying to figure out who’s responsible for the water damage to your home, check your strata’s bylaws if you live in a strata building. Or your tenancy agreement if you’re a tenant. (Your landlord must give you a copy of it.) 

It’s a good idea, too, to get legal advice. We have information about options for legal help.

If the natural conditions of your neighbour’s land cause water damage

Water can also cause damage to the outside of your property. Maybe the run-off from your neighbour’s property has pooled in your backyard. Your rights are a little different in these kinds of situations.

If the water damage to your property is caused by the natural conditions of the land, your neighbour likely won’t be held responsible. For example, rainwater may run frequently from your neighbour’s sloping yard into yours, puddling on your grass and killing it. Your neighbour is not likely responsible for this. 

But your neighbour may be responsible and have to pay you compensation if:

• they make a change to their property and the change causes damage to your property, or
• they are negligent. If your neighbour leaves their hose running for days after planting their garden, for example, and your property floods, they could be responsible.

My neighbour’s property is a mess. Who can I report this to?

You can file a complaint with your local municipality by calling 3-1-1. Or contact your municipality directly. Many have complaint forms on their websites. Generally, when making a complaint, you must provide your contact information, but it is kept confidential.