Encroachments on City of Calgary Roads - What a Real Property Report Shows

If a fence encroaches on a City of Calgary road, it must be shown on a Real Property Report (RPR) according to the Alberta Land Surveyors' Manual of Standard Practice. What the City of Calgary will do depends on the size of the encroachment.

Back in 1996 the City of Calgary realized it needed a uniform encroachment policy, rather than the ad-hoc method that previously existed. Bylaw CS008 - Encroachment Policy outlines procedures for City staff to follow when dealing with certain types of encroachments.

0.3m is the cutoff line for fences that encroach onto City roads. Anything less and chances are the City Planning Department will simply issue an Encroachment Advisory Stamp along with the Certificate of Compliance without a waiting period. Anything more and the City (Corporate Properties Department) may require the fence to be moved, or a more detailed encroachment agreement registered on title after a 6-8 week process.

0.29 - That's close! A recent client was relieved he wouldn't have to wait weeks for a Compliance Stamp in order to receive the withheld proceeds from a real estate transaction.

Bylaw CS008 -Schedule "A" - Authorized Encroachments onto a Street

1.3 Fences

- encroaching not more than 0.3 meters where the fence creates an enclosure
- encroaching to the back of the sidewalk or to 1.0 from the curb (if there is no sidewalk) where the fence is a linear projection of a fence on the Applicant's property EXCEPT where adjacent to a Street
- developer fences required under development agreements
- fences running parallel to pathway (which run over a property line) may exceed 0.3 meters subject to minimum access requirements

Note - If the City Planning Department issues an Encroachment Advisory Stamp for a fence, head up to City of Calgary Corporate Properties on the 9th Floor and they may void the advisory stamp if the fence encroaches less than 0.34 meters on the street.