You can sue. If a neighbour or a neighbouring development cuts your trees, builds past the line, or enters your land without permission, that is trespass in British Columbia, and you can recover damages even when the other side calls it an honest mistake. The surveyed and registered property line governs. A fence, a hedge, a tree row, or the other side’s own survey does not.
Hoogbruin & Company has acted as boundary dispute lawyers for owners in Vancouver, Burnaby, Richmond, Surrey, and across the North Shore since 1987. Clients work directly with our senior counsel instead of being passed to background staff, so you always know where your matter stands.
Speak with our boundary dispute lawyer in Vancouver about your property line.
What Counts as a Boundary Dispute in British Columbia?
A boundary dispute is any disagreement over where the legal property line sits, or over conduct that crosses it. These claims are broader than most owners expect, and they usually arrive looking like a neighbour problem rather than a legal one.
Common boundary disputes in Vancouver, Burnaby, Richmond, Surrey, and on the North Shore include:
- Encroaching structures. A fence, retaining wall, shed, deck, garage, driveway, pool, or staircase built partly on your land.
- Tree and vegetation cutting. Felling, topping, or root damage to trees on your side of the line, or to trees straddling it.
- Construction trespass. A neighbouring development’s crew clearing, grading, excavating, or staging equipment on your property.
- Survey conflicts. Two surveys that disagree, or an old survey that no longer matches what is on the ground.
- Overhanging growth. Branches, roots, and hedges that cause damage or block access.
- Access and easement disputes. A neighbour using a driveway, path, or right of way beyond what title actually permits.
- Subdivision and lot line errors. Boundaries misdescribed when a lot was created or split.
- Adverse possession claims. A neighbour asserting rights over land they have occupied for years.
- Damage from adjacent excavation. Soil destabilization, drainage changes, or foundation movement caused by work next door.
News Story About What Happened in the Campbell River Tree-Cutting Lawsuit?
The Campbell River lawsuit alleges that a developer’s crew felled mature trees on the wrong side of the line, then came back. Thomas Lloyd Yates claims his northern boundary was previously screened by mature coniferous trees that gave him complete privacy from the neighbouring development site.
He alleges no notice was given before the felling, and that his son-in-law told the crew to stop work that same day. The defendants initially denied trespassing and pointed to a recent survey. Within days, a second survey of the developer’s own land confirmed the felled trees stood on Yates’s property.
The claim alleges a second entry weeks later to remove a stump, and seeks damages for trespass, remediation, diminished property value, and aggravated or punitive damages. None of the allegations has been tested in court, and no response has been filed. Source: BIV.com
Does a Long-Standing Fence Establish the Legal Boundary?
A fence is evidence of where people assumed the line ran, not proof of ownership. Only a survey plotted against the registered title determines the legal boundary in British Columbia.
B.C. courts read the word “fence” broadly here. A structure of any kind can qualify if it serves to enclose property or separate adjoining land, which is why retaining walls, hedges, stone arrangements, and even collapsed fencing have all been treated as fences in reported cases.
The practical lesson is blunt. Decades of informal agreement with a neighbour do not move a property line.
What Happens If a Structure Already Encroaches on Your Land?
Section 36 of the Property Law Act applies once a survey confirms a building or fence sits on your land. The B.C. Supreme Court can choose among three outcomes:
| Remedy | What the court orders | Who it favours |
| Easement | The encroaching owner may keep the structure for a set period, with compensation to you | Encroaching owner |
| Vesting order | Title to the strip of land transfers to the encroaching owner, with compensation to you | Encroaching owner |
| Removal | The encroaching structure must come down entirely | Affected owner |
Which remedy applies turns heavily on knowledge and conduct. Courts assess whether the encroaching party held an honest belief about the boundary, or was negligent, or acted fraudulently. A party seeking an easement generally needs to show honest belief.
Book a consultation with Hoogbruin & Company before you agree to any encroachment settlement.
How Long Do You Have to Sue in British Columbia?
You generally have two years. The Limitation Act sets a basic limitation period of two years from the date a claim is discovered, plus a 15-year ultimate limitation period.
Delay also destroys evidence. Stumps get ground down, soil gets regraded, and an active construction site changes shape within a single season.
What Should You Do First in a Boundary Dispute?
Act as though the file will end up in court, because the record you build now decides the case later.
Photograph everything, with dates. Stumps, debris, equipment tracks, damaged fencing, and the view you have lost.
Order a legal survey from a B.C. Land Surveyor. This is the document that settles the boundary.
Put your objection in writing. A dated letter or email prohibiting further entry is far stronger than a verbal warning at the fence line.
Get an independent expert report. An arborist values trees. An engineer documents soil or structural damage.
Preserve the physical evidence. Do not clear debris or regrade until it has been recorded.
Call a boundary dispute lawyer before you negotiate. Early informal settlements routinely undervalue privacy and property-value losses.
How Can Hoogbruin & Company Help With Your Boundary Dispute?
Hoogbruin & Company is a boutique litigation firm at 1166 Alberni Street in Vancouver. Our boundary dispute lawyers act for homeowners, real estate investors, developers, and strata corporations in Vancouver, Burnaby, Richmond, Surrey, and across the North Shore. Boundary disputes, encroachments, and property trespass sit at the core of the firm’s real estate and property litigation practice.
Here is what that looks like on a live boundary dispute file:
- Establishing the line. Instructing a B.C. Land Surveyor and reconciling conflicting surveys against the registered title.
- Stopping the damage now. Issuing cease and desist correspondence, and seeking an injunction where a crew is still working or further cutting is threatened.
- Identifying every liable party. Tracing numbered companies, developers, contractors, and subcontractors so a judgment is collectable.
- Building the damages case. Coordinating arborist, engineering, and appraisal evidence covering remediation, diminished value, and loss of privacy and enjoyment.
- Pursuing section 36 applications. Advancing or defending encroachment claims in B.C. Supreme Court for removal, easement, or a vesting order with compensation.
- Negotiating enforceable resolutions. Boundary agreements, registered easements, and settlement terms that hold up when a property later changes hands.
Request a case evaluation with our boundary dispute lawyer if a neighbour or developer has crossed your property line.
Frequently Asked Questions on Boundary Disputes in B.C.
Can a neighbour cut trees on my property if an arborist says they are dangerous?
No, a safety concern does not create a right of entry onto private land. Your neighbour needs your consent or a court order before touching a tree on your side of the boundary.
Who owns a tree that sits directly on the property line?
A tree straddling the boundary is generally treated as jointly owned, so neither owner can remove it on their own. Cutting it without the other owner’s consent can support a claim.
Can I cut branches that overhang my yard?
You may generally trim growth at the boundary line, but you cannot enter your neighbour’s land to do it, and you cannot damage the health of the tree itself.
Can I sue if construction next door damaged my fence, driveway, or landscaping?
Damage caused by work on an adjoining site can support claims in trespass, nuisance, or negligence depending on how it happened. Photograph the damage immediately and get a repair estimate before anything is cleared away.
Does my neighbour have to give me notice before building near the property line?
There is no general obligation to give a neighbour advance notice of construction, though municipal permit and tree bylaw processes may require notification in specific circumstances. Lack of notice does not excuse crossing the line.
Will an unresolved boundary dispute affect my ability to sell?
It can. Buyers and their lawyers routinely ask about encroachments and pending litigation, and an unresolved dispute can delay a sale or reduce what a buyer is willing to pay. Resolving it and registering any agreed easement makes the property far cleaner to sell.