If a neighbour builds a fence that crosses your property line in Calgary, do not remove it yourself. You must first order a Real Property Report (RPR) to legally prove the encroachment, then have a real estate lawyer send a formal demand letter. If they refuse to move it, you will need to seek an order from the Court of King’s Bench.
Good fences make good neighbours, but only when they are built in the right place. In densely populated Calgary neighbourhoods, land is incredibly valuable. Even a fence that encroaches a few centimetres onto your property can cause massive legal headaches. It can prevent you from building a garage, reduce your property value, and severely delay the sale of your home because buyers will not accept an unresolved boundary issue.
When a neighbour begins constructing a fence on what you believe is your land, emotions run high. 🚫 The instinct might be to grab a sledgehammer or call the Calgary Police, but boundary disputes are civil matters, not criminal ones. Navigating this issue requires a calm, methodical approach backed by solid legal proof. In this 2026 guide, we outline the exact steps to legally force the removal of an encroaching fence in Alberta.
Step-by-Step Process for Handling an Encroaching Fence
Disputing a property boundary requires undeniable evidence. Here is how property lawyers advise homeowners to handle an aggressive or mistaken neighbour.
Step 1: Do Not Destroy the Fence
The most important first step is what you should not do. 🚩 Even if you are 100% certain the fence is on your property, taking it down yourself is highly illegal. The materials belong to your neighbour. Destroying their property could result in the police charging you with criminal mischief, instantly weakening your position in any civil lawsuit.
Step 2: Obtain a Real Property Report (RPR)
To prove the trespass, you must hire a professional Alberta Land Surveyor to conduct a survey and produce an updated Real Property Report. This document will clearly show the legally registered property lines and exactly how far the new fence is encroaching onto your land. The court will not accept your personal tape-measure readings; only an official RPR holds legal weight.
Step 3: Have a Lawyer Send a Demand Letter
Once you have the RPR proving the encroachment, your real estate law firm will step in. 📧 They will draft a formal “Demand Letter” to the neighbour. This letter will attach the RPR evidence, formally demand that the neighbour remove the fence within a specific timeframe (usually 14 to 30 days), and outline that they will be responsible for all court costs if a lawsuit is required.
Step 4: Seeking a Court Injunction
If the neighbour ignores the demand letter or refuses to budge, your lawyer will file a Statement of Claim at the Court of King’s Bench in Calgary. You will be seeking an “injunction”-a strict order from a judge compelling the neighbour to dismantle the fence and restore your land to its original condition.
How Much Does it Cost to Fight an Encroachment?
Protecting your property boundaries is a vital investment, but it comes with upfront costs. Most civil lawyers in Alberta bill by the hour for real estate litigation. Here is a breakdown of what you can expect to spend in 2026:
| Alberta Land Surveyor (RPR) | $800 to $1,200 CAD | The mandatory cost to have a professional map the boundary and prove the fence is on your land. |
| Lawyer’s Demand Letter | $500 to $1,500 CAD | Legal fees for reviewing the survey and drafting a formal, legally threatening letter to the neighbour. |
| Court Filing Fees | $250 CAD | The provincial fee required to formally file your lawsuit at the Court of King’s Bench. |
| Civil Litigation (Trial) | $5,000 to $15,000+ CAD | If the neighbour fights back in court, hourly legal fees add up quickly over several months. |
Fortunately, if the case is overwhelmingly clear, judges in Alberta frequently order the trespassing neighbour to pay a portion of your legal costs after you win the injunction. 💰
How Long Does the Process Take?
Acting quickly is crucial when you notice an encroachment. Getting a surveyor to your property to draft the initial RPR generally takes about 3 to 4 weeks.
If the neighbour complies with the lawyer’s demand letter, the fence could be moved within a month or two. 📆 However, if they refuse and you must proceed to the Court of King’s Bench for an injunction, the process slows down significantly. Securing a court date and going through the discovery process can easily take 1 to 2 years.
Frequently Asked Questions (FAQ)
Will the City of Calgary force them to move the fence?
Generally, no. The City of Calgary considers disputes between private property owners to be civil matters. Bylaw officers will only intervene if the fence violates municipal height restrictions or if it is encroaching onto city-owned public property.
Can I make the neighbour pay for the surveyor?
You must pay for the surveyor upfront to get the Real Property Report. However, if the dispute goes to court, your lawyer will include the cost of the surveyor in the list of damages you are asking the judge to make the neighbour repay.
What if the fence has been there for 15 years?
In Alberta, the length of time the fence has been there rarely matters due to the Torrens system of land titles. “Squatter’s rights” (adverse possession) are essentially abolished. You generally still have the right to demand the removal of the fence.
What is an Encroachment Agreement?
If the fence is only slightly over the line and you do not want to force them to tear it down, you can sign an Encroachment Agreement. This contract allows the fence to stay but legally affirms that the land remains yours, protecting your title when you sell the house.
Does my title insurance cover this?
If the fence was built before you purchased the home, your title insurance policy might cover the legal costs to resolve the boundary issue. If the neighbour built the fence after you already owned the property, title insurance generally will not help.
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