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What is Encroachment?

Nobody likes fighting with their neighbours. Even fewer people like finding out they’re accidentally in the wrong. Unfortunately, property encroachment can involve both.

WHAT IS PROPERTY ENCROACHMENT?

Encroachment refers to the unauthorized intrusion of one person’s property onto another person’s land. This can mean anything from trees, fences, and sheds to abandoned vehicles—any physical obstruction crossing property boundaries.

ENCROACHMENT LAWS IN BC

To protect the rights and interests of property owners, British Columbia has specific laws and regulations in place to address encroachment disputes. Still, these disputes cause significant stress for property owners in British Columbia every year.

This is because not all encroachments involve direct malice or selfishness. In British Columbia, the law considers intentional and unintentional encroachments, which means you could find yourself in legal trouble for accidental encroachment on a neighbour’s property.

DEALING WITH ENCROACHMENT

The courts may order the removal of the encroachment, award damages, or grant an encroachment agreement. Property owners must seek legal advice when dealing with encroachment issues, as the complexity of these cases can vary significantly. Thankfully, mediation or negotiation can often resolve these disputes without court action, saving time and resources.

Nevertheless, to avoid future issues and unnecessary duress, it’s essential for property owners to be aware of their rights and responsibilities to resolve these issues effectively and protect their property interests.

Are you concerned about an encroachment and want to ensure your assets and rights are protected?

Contact the real estate law experts at Davidson Lawyers for help.

Areas of Expertise

AGRICULTURAL LAW
BUILDERS LIENS AND CONSTRUCTION DISPUTES
CORPORATE, COMMERCIAL AND BUSINESS LAW
DEBT COLLECTION AND ENFORCEMENT
EMPLOYMENT LAW AND WORKPLACE INVESTIGATIONS
ESTATE ADMINISTRATION AND PROBATE
ESTATE LITIGATION
ESTATE PLANNING: WILLS, POWERS OF ATTORNEY, REPRESENTATION AGREEMENTS
FAMILY LAW, DIVORCE AND MEDIATION
INSOLVENCY AND RESTRUCTURING
LITIGATION AND DISPUTE RESOLUTION
REAL ESTATE: CONVEYANCING AND MORTGAGES
REAL ESTATE: SUBDIVISIONS AND PROPERTY DEVELOPMENT
SHAREHOLDER AND PARTNERSHIP DISPUTES

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