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Jim Gonzalez
3 hours ago
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Can You Be Sued for Building Over a Property Line? What the Law Says

Full spectrum land survey services in Edmonton and surrounding areas. Contact CORE Geomatics today for all your survey needs.

Owning property comes with certain rights—but also legal responsibilities. One of the most common disputes between neighbours involves property boundaries, especially when a structure like a fence, garage, or home extension accidentally crosses into someone else’s land. If you’re unsure where your property begins and ends, you might unknowingly create a costly legal problem. That’s where getting a property line survey in Edmonton becomes crucial.

Let’s break down what happens if you accidentally build over a property line, the potential legal consequences, and how you can avoid disputes before starting any construction.

Why Property Lines Matter

Property lines define where your land ends and your neighbour’s begins. While this may seem straightforward, older deeds, inaccurate maps, or outdated surveys can cause confusion. If a new fence, deck, or home addition crosses that invisible boundary—even by a few inches—it can lead to disputes, fines, or lawsuits.

A property line survey in Edmonton helps prevent these issues by providing an accurate map of your land. Licensed surveyors use advanced tools and records to confirm exact boundaries, ensuring you don’t mistakenly build on property that isn’t yours.

Can You Really Be Sued for Building Over a Property Line?

Yes, you can. Building on land that isn’t legally yours is considered encroachment, and your neighbour has the right to take legal action. Depending on the situation, this can lead to:

  1. Forced removal of the structure. Courts may order you to remove any part of the structure that crosses the boundary, which can be expensive and time-consuming.

  2. Financial compensation. If removing the structure isn’t practical, you may be required to compensate your neighbour for the portion of land you’ve occupied.

  3. Property disputes in court. If neighbours can’t resolve the issue privately, it can escalate into a lawsuit. Litigation costs can be significant, often far exceeding the price of a proper survey.

By investing in a property line survey in Edmonton before construction begins, you reduce the risk of facing these costly and stressful scenarios.

Common Causes of Property Line Disputes

Encroachment issues often arise because homeowners rely on assumptions rather than verified data. Some common causes include:

  • Outdated or inaccurate surveys – Older property records may not reflect current boundaries.
  • Assuming existing fences mark the boundary – Fences are often installed based on estimates, not exact measurements.
  • DIY measurements – Using a tape measure and old documents is not a substitute for a certified survey.
  • Unpermitted renovations – Adding decks, garages, or extensions without confirming boundaries can lead to encroachment claims.

Taking proactive steps, like commissioning a property line survey in Edmonton, can prevent these problems from arising in the first place.

How a Property Line Survey Protects You

Before breaking ground on any new construction, a certified survey provides:

  • Accurate boundary verification – Ensures your project stays within your legal property limits.
  • Evidence in disputes – If a disagreement arises, a professional survey acts as reliable legal documentation.
  • Peace of mind – Knowing exactly where you can build reduces stress and uncertainty.

Building over a property line—even unintentionally—can lead to serious legal and financial consequences. The safest way to protect yourself is by confirming your boundaries before starting any project. A professional property line survey in Edmonton gives you the clarity you need to build confidently while avoiding disputes with your neighbours.

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