Artificial lines maybe "beautiful" for boarders, bad for backyards

 

Summary

 Artificial lines might work for country borders, but when property boundaries are wrong, it’s a legal problem — often missed because BC deals don’t require surveys, fixable by legal tools like boundary adjustments, easements, or encroachment agreements, and title insurance coverage is uncertain.

 1. The Lawn That Wasn’t Theirs

 Imagine this: your client is ready to list a home. Lovely property, great curb appeal, spacious backyard with mature trees and a sturdy fence. As a precaution, they commission a survey — and suddenly the fence line becomes a fault line. Turns out part of their backyard, including that nice shed and section of patio, is actually on the neighbour’s lot. The buyers now want a discount, or worse — they’re walking.

 Boundary mix-ups like this aren’t uncommon. Over time, trees are planted, fences are replaced, rocks are rearranged — and assumptions become facts, until a survey says otherwise.

 2. Why Wasn’t This Discovered Sooner?

 Because in B.C., real estate transactions don’t require a survey. Most buyers (and sellers) rely on legal descriptions and title searches — neither of which confirms the actual, physical boundary lines. Without a survey, people often trust whatever’s on the ground: a hedge, a fence, a neighbour’s word, or Google Maps.

If clients want certainty — or if you’re listing a property where the boundary isn’t obvious — recommend they hire a B.C. Land Surveyor. It’s an upfront cost, but a lot cheaper than a lawsuit or a collapsed deal.

 3. What If the Fence Is in the Wrong Place?

 If a survey reveals that a structure encroaches onto or from a neighbouring property, here are some potential fixes:

  • Encroachment agreement or easement – A legal document that allows the structure to remain. Often the best solution for things like sheds, retaining walls, or driveways.
  • Physical removal or relocation – If practical and agreeable, this clears the title issue entirely.
  • Subdivision or lot line adjustment – A permanent fix, but can be costly and time-consuming.
  • Legal claims – In rare cases, long-standing use might give rise to equitable claims (e.g. proprietary estoppel), but this is complex and uncertain.

 The earlier these issues are spotted, the more options your clients have.

 4. Will Title Insurance Save the Deal?

 Maybe. Title insurance may cover unknown boundary defects, especially if they were not apparent at closing. However, coverage is limited:

  • It won’t cover known encroachments that were disclosed (or visible and ignored)
  • It won’t resolve the problem — it may only reimburse for loss of value
  • It may require a claim process that delays closing

 Always review the policy wording carefully and don’t rely on insurance as a substitute for a proper survey.

 Drawing the Right Lines

 As a realtor, your clients rely on you to help them navigate not just the market — but the land itself. If a property line issue arises, early legal advice and a good survey can prevent a deal from going off the rails. And if your clients ever find themselves crossing the line, I’m here to help them step back safely.

Have a tricky boundary question? Curious about encroachment agreements or when to recommend a survey? Let’s connect. Sometimes the best deal starts with knowing where the lines really are.

Leo Yuan 
Lawyer
lyuan@infinity-law.com
Phone: 250.385.6004 ext 205
www.infinity-law.com

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