Understanding Encroachments
Let’s start by defining what an encroachment is. An encroachment is any structure - such as fences, planters, patios, or similar - that intrudes or “encroaches” onto others property or rights. Usually the concern is relating to city owned land or their right of ways. Common encroachments occur on: Utility Right-of-Ways (URWs), lanes, roads, and Overland Drainage Right-of-Ways (ODRWs). While these right-of-ways may be on your property, the City and utility companies still reserve the right to access these areas if they need to perform maintenance or service the area.
So why would the City of Calgary have an issue with an encroachment on a property that was built in the 1980s and has not undergone any major changes since? Or if your Real Property Report (RPR) was stamped as compliant in 2015, why would you suddenly need an encroachment agreement now?
The answer lies in the City’s updated policies. In 2022, and 2008 before that, the City of Calgary revised its encroachment policies and development bylaws. These updated regulations have become more stringent regarding encroachments. This means many RPRs are stamped with an “Encroachment Advisory” stamp - something that may not have been noted in the past. This can be understandably frustrating, especially for homeowners who were under the impression that their property was in compliance.
Now, this doesn’t mean you have to tear down your fence, patio, or other encroaching structures. While the City may require the removal (or relocation) of the encroachment(s), it is rare for them to do so. In most cases, the City of Calgary will request an Encroachment Agreement or, in some cases, an Encroachment Consent letter be signed.
What’s the Difference between an Encroachment Agreement and an Encroachment Consent Letter?
The first difference is the cost. The City’s fee for an Encroachment Agreement starts at $200.00 + GST, and the Consent Letters usually cost $50.00 + GST.
An Encroachment Agreement tends to be more expensive because it requires a more detailed process. This agreement takes longer to process and is officially registered with the Alberta Land Titles Office (LTO), making it a permanent part of the property record (Title). The encroachment agreement will always be shown on your title.
On the other hand, an Encroachment Consent Letter is much quicker and less costly. It doesn’t involve the same level of registration and paperwork, and it’s generally used for simpler cases or situations where the encroachment is less significant. It is not registered on title and only exists in private or the city’s records.
Why Do These Changes Matter?
While these updated policies might seem like a hassle, they’re in place to protect the owners and the City. By registering encroachments through agreements or consent letters, the City ensures that public property remains accessible for future maintenance or development. It also helps homeowners avoid legal complications if issues arise in the future, especially if utility companies or city departments need to access the land.
If you are unsure whether your property is impacted by these changes, it’s recommended to contact a qualified land surveyor or the City of Calgary. They can help you navigate the new policies and determine the best course of action for your property. Websites like the City’s My Property 3.0 and Alberta’s Spin 2 are quick resources to help you determine if any right-of-ways may exist on your property. You may also want to take a look at your title, existing encroachment agreements, restrictive covenants, or right-of-ways may be registered on your property.
In summary, even though your property may have been developed decades ago, the City’s changing regulations means you may now need an encroachment agreement. But don’t worry - removal of any of your structures is rarely required. In most cases, working with the City to establish encroachment agreements or consent letters will resolve the issue and will allow you to continue enjoying your property without worry.