Good fences may make good neighbours, but in Alberta, even a well-built fence can become the centre of a contentious real property dispute. As urban and rural communities grow increasingly complex, so too do the legal issues that arise between neighbouring landowners. From boundary disagreements and encroachments to noise complaints and interference with land use, neighbour-related disputes often fall under the legal categories of nuisance, trespass, or property rights violations.

For Alberta property owners, understanding the legal framework that governs these conflicts is key to resolving disputes effectively, whether through negotiation, mediation, or, when necessary, court proceedings. 

The Legal Foundations of Property Disputes Between Neighbours

Neighbour disputes in Alberta typically involve elements of tort law, property law, and municipal regulation. In many cases, civil claims arise from alleged trespasses, nuisances, or encroachments on land. Alberta courts evaluate these disputes using common law principles and statutory obligations outlined in legislation, such as the Municipal Government Act, the Land Titles Act, and the Law of Property Act.

In general, a landowner has the right to use and enjoy their property without unreasonable interference. However, this right is balanced against the equal right of neighbouring landowners. The law recognizes that some degree of interference between adjacent properties is inevitable, especially in high-density areas. The key legal test is whether the interference is “substantial and unreasonable” in the eyes of the court.

Boundary Disputes and Fences: More Than Just a Line in the Sand

Boundary disputes are among the most common causes of neighbour conflict in Alberta. These issues often arise when one party believes a fence, hedge, driveway, or structure has been constructed over the legal property line. In such cases, emotions can run high, particularly when a structure has been in place for many years.

To resolve a boundary dispute, the first step is determining the legal boundary as registered on the property’s certificate of title. The Land Titles Office in Alberta maintains official survey plans that can confirm lot lines. However, these records are not always precise, particularly in older neighbourhoods where original surveys may be outdated or vague.

When disputes escalate, a professional land surveyor may need to be retained to conduct a Real Property Report (RPR), which provides an accurate and current measurement of all visible property improvements relative to the boundary lines. An RPR is often essential in resolving claims involving encroachments or adverse possession.

Encroachments and Adverse Possession Claims

Encroachments occur when a structure on one parcel of land physically extends onto a neighbouring parcel. Common examples include retaining walls, fences, decks, sheds, and driveways. Encroachments may be accidental or deliberate, and the law does not necessarily treat them leniently based on intent.

Alberta does recognize a limited doctrine of adverse possession, more commonly known as “squatters’ rights,” though the threshold to establish such a claim is high. A successful claim requires that the encroaching party has possessed the disputed land openly, continuously, exclusively, and without the legal owner’s permission for a minimum of 10 years prior to December 15, 2022, or 10 years before the land was converted into the Torrens system (under the Land Titles Act). However, such claims are now exceedingly rare due to modern title registration practices.

In most situations, if an encroachment is identified, neighbours may enter into an encroachment agreement to allow the structure to remain, possibly with compensation or usage restrictions. If no agreement is reached, legal remedies can include injunctions, orders for removal, or damages.

Nuisance Claims: When Neighbourly Conduct Goes Too Far

Nuisance is a legal claim that arises when one landowner’s use of their property interferes with the reasonable use and enjoyment of neighbouring land. Unlike trespass, which involves a physical intrusion, nuisance typically involves indirect interferences such as noise, odour, smoke, vibration, or light.

In Alberta, a successful private nuisance claim must show that:

1. The defendant’s conduct caused substantial and unreasonable interference;
   
2. The interference was foreseeable; and
   
3. The plaintiff suffered a material loss or inconvenience.

Common nuisance scenarios in residential areas include persistent barking dogs, loud music, construction noise, backyard smoke from fires, and intrusive lighting. In rural settings, nuisance claims may involve issues such as pesticide drift, agricultural runoff, or odours from animal waste.

Not every inconvenience qualifies as a nuisance. Courts consider whether the interference would be unreasonable to the average person, taking into account the nature of the neighbourhood. What may be tolerable in a rural area may be deemed unreasonable in a quiet residential subdivision.

Trees, Views, and Drainage: Less Obvious, But Legally Significant

While fences and noise complaints dominate many neighbour disputes, less obvious issues can also trigger legal action. For example, overhanging tree branches or roots that damage a neighbour’s property can lead to nuisance or trespass claims. In Alberta, a landowner generally has the right to trim branches or roots that cross onto their property, but not beyond the property line.

Conflicts over obstructed views are less likely to succeed in court unless a specific easement or covenant exists that grants the right to view the obstructed area. The law does not generally guarantee a right to sunlight or an unobstructed view.

Drainage disputes, however, can be serious. Alberta property law requires that landowners manage drainage in a way that does not cause water to flow unnaturally onto neighbouring land. Altering grading or constructing barriers that result in water damage to a neighbour’s property may result in liability for damages.

Role of Municipal Regulations and Bylaws

Many real property disputes intersect with municipal laws and bylaws. Local bylaws may regulate fence height, placement, and construction materials, and violations can result in orders to remedy or fines. Noise bylaws also govern acceptable times and decibel levels for residential and commercial activities.

In cases involving construction or land use changes, permits may be required under local development regulations. Building without a permit, or in contravention of zoning regulations, can result in enforcement actions, including stop-work orders and demolition requirements. Consulting a real estate lawyer before building or altering property structures can help prevent costly disputes and penalties.

Dispute Resolution Options: From Dialogue to Court

While some property disputes can be resolved informally through respectful discussion and compromise, others require formal legal intervention. Mediation is often a productive step, especially when both parties wish to preserve a functional neighbour relationship.

In more entrenched disputes, a party may seek a legal remedy through Alberta’s civil courts. Remedies can include:

• Declarations of property rights
• Orders for removal of encroachments
• Injunctions to stop nuisance behaviour
• Monetary compensation for damages

The court will weigh evidence such as RPRs, expert reports, photographs, municipal records, and witness testimony. Legal representation is highly recommended, as these cases often involve technical arguments about land use and statutory interpretation.

Preventive Measures and Legal Advice

The best approach to avoiding neighbour disputes is proactive legal diligence. Before purchasing a property, buyers should carefully review the certificate of title, request a current RPR with municipal compliance, and verify zoning and building restrictions to ensure a thorough understanding of the property’s details. Homeowners planning improvements should consult bylaws, obtain necessary permits, and communicate openly with adjacent landowners.

If a dispute arises, early consultation with a real estate lawyer can provide critical insight into rights, responsibilities, and legal strategy. In many cases, a well-drafted letter from legal counsel can clarify misunderstandings and prevent escalation of the issue.

Know Your Rights, Protect Your Property

Real property disputes between neighbours can escalate quickly from minor irritations to major legal battles. In Alberta, the law provides several avenues for resolving such conflicts, but the nuances of nuisance, trespass, encroachment, and municipal regulation require careful navigation.

Whether you’re facing a disagreement over a fence line, enduring a persistent noise issue, or grappling with an unwanted encroachment, the guidance of a knowledgeable real estate lawyer is invaluable. At the heart of these cases is a shared need for peaceful enjoyment of property and the ability to protect one’s investment.

A practical, respectful, and legally informed approach can often resolve even the most challenging neighbour disputes. Where resolution proves elusive, the law offers remedies designed to restore fairness and order.

Getz Collins and Associates: Experienced Calgary & Strathmore Property Dispute Lawyers

Whether you are dealing with a complex boundary disagreement, a persistent nuisance, or an encroachment issue that threatens your property’s value, the proper legal guidance is essential to achieving a resolution. Getz Collins and Associates provides personalized, high-quality legal solutions for both residential and commercial real estate matters throughout Alberta. 

Our firm, established in Strathmore in 1984 and expanded to Calgary in 2018, blends a dynamic modern approach with the timeless values necessary to protect your interests. Our real estate lawyers take proactive steps to avoid future disputes during purchases and sales, but we remain an assertive and compelling presence in the courtroom should litigation become necessary. We proudly serve clients in Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, Hussar, and all surrounding communities. To discuss your real property matter and ensure your rights are protected, please contact our team online or call 587-391-5600.