Whether you are dealing with a fence encroachment in Victoria, a neighbourdispute in Nanaimo, or a property line issue anywhere else on Vancouver Island, our team is ready to help you establish the facts and protect your property rights. When a structure is placed or built on another’s land without removal, it is considered an actionable wrong. Yang, 2012Yang built an extensive patio that encroached onto Langley’s North Vancouver property without obtaining a survey certificate to determine the property line. The Langleys petitioned for a court order to remove the patio, while the Yangs petitioned for ownership or easement of the encroached land. While the court determined the Yangs turned a blind eye and were negligent in not obtaining a land survey certificate before hiring builders to undertake their expensive landscaping project, they rule...Oyelese v. Sorensen, 2013Sorensen bought a Kelowna property in 2007 with an in-ground swimming pool. Sorensen was unaware that this pool encroached on the neighbour’s land. Oyelese purchased the neighbour’s property in 2009 and discovered the pool crossed over the boundary line. Oyelese turned down Sorensen’s offer to pay for the encroached land and filed a lawsuit. The court ruled the removal of Sorensen’s pool within 75 days.Gueldner v. Nichele, 2013The Gueldners purchased an Abbotsford property in 2002 with full disclosure of an existing barn and shed that both encroached on part of the neighbouring land. In 2008 Nichele purchased the neighbour’s property and was also informed of the encroaching barn and shed. After much dispute, the Gueldners petitioned to have the property lines moved to accommodate the barn and shed, buy the land and obtain title where the buildings encroached or be granted an easement. Nichele petitioned for shared...See full list on loyalhomes.caBefore purchasing a property in BC, it is advisable to have a survey certificate performed and obtain a current copy of the Land Title. Ask your real estate agent to assist you with both of these important land documents to help determine boundary lines.
