Do Good Neighbours Make Good Fences? A Property Survey Shows Otherwise

What if your neighbor said a fence you built six months ago was 2 feet inside your property line? Your neighbor is kind enough to point out that he's got possession of 2 feet of your land. What a wonderful neighbor! And the timing couldn't be better, you're going to sell the house in 1 week.

So you diligently dig up the old fence, bore new fence posts and hammer in everything into the new location pointed out by your neighbor - all during a rainy weekend.

Afterwords, your wife reminds you to order a Surveyors' Real Property Report (RPR) to complete the upcoming real estate transaction.

The surveyor shows up, and later the RPR indicates the fence you moved was actually in the right spot. Worse still, another fence you thought was in the right spot is actually 2 feet into another neighbor's property. You've moved the wrong fence!

The fence a neighbor said to move

Unfortunately, this situation happened to a recent client in the southeast community of New Brighton. The client was an engineer and was no stranger to numbers and measurements. However, like many new subdivisions, his lot is defined by a giant curve which tapers slightly inward towards the back of the property. Even for an experienced surveyor, simply eyeballing the correct location of a boundary is very difficult.

Next time you think about building a fence, give a surveyor a call. A surveyor has the training and tools to correctly locate a boundary. It might save you a rainy weekend worth of trouble.

Decks and Minimum Rear Setbacks - What an RPR Reveals

Decks are a popular improvement enjoyed by many homeowners. However, when building a deck it's important to be mindful of the City of Calgary's rear setback area requirements. The City requires that all decks maintain a certain distance away from the rear property line. For areas zoned R-1, the minimum building setback from the rear property line is 7.5m (Land Use Bylaw, 1P2007, s 457). Decks are allowed to encroach into the rear setback area to a maximum of 1.5m (Land Use Bylaw, 1P2007, s 338.2). With the allowable projection into the rear setback area, decks must be 6.0m from the rear property line.

Unfortunately, homeowners may find out their decks are too close to the property line when it comes time to sell. Problems revealed by a Surveyors' Real Property Report (RPR) can be difficult to resolve quickly and especially frustrating if there are tight closing deadlines.

A client in Panarama Hills recently found out his deck encroached too far into the rear setback area. According to the property survey, the deck was 5.50m from the rear property line and not the minimum 6.0m called for by the City.

The homeowner had to take a saw to this new deck

The City indicated that he could apply for a "relaxation" which would take 6-8 weeks or simply cut the deck.

His closing date was in two days, so he rolled up his sleeves and sliced into the deck. The client read the new deck dimensions to us over the phone so the property survey could be updated ASAP. We dropped by later that day to verify all measurements and deliver the updated RPR.

Remember, when building a deck, make sure it's far enough away from the rear property line.