Neighbour has their yard right up to our building....

[JustinMCS]

Hello all,

Looking for some advice here. I own a condo in an older building that was gutted and remodeled in 2002. Since then, to our south, there have been a 3 storey duplex and a 3 story infill built.

They have put up fences and attached them right to our building wall, kind of like we have a zero lot line. However, by looking on the City's website, it appears we have land on either side of our building.

Who do I contact in order to inquire about this? I have looked on the website at the Land Use and Planning, but that's for building permits and business licensing.

Any ideas/comments about this? I am on the board and I'm not sure we entirely care, but we have a history of complaints from the neighbours saying our downspouts are encroaching bla bla. So I want to make sure to find out what's ours, if they have taken their yards up to our building and it's our land, then we can have our downspouts there because it's our land.

Here is a pic from the website and a pic of how the wall looks is further down

[Sugarphreak]

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[Masked Bandit]

The condo board should have an RPR (Real Property Report) on file somewhere. It will show where the lot lines actually are. Assuming you have space on your side I would make the neighbours move that damn fence.

[Tik-Tok]

Originally posted by JustinMCS
I am on the board and I'm not sure we entirely care, but we have a history of complaints from the neighbours saying our downspouts are encroaching bla bla.

You should care, there could be a whole lot of legal problems for you in the future if you don't take care of it now.

[JustinMCS]

Ok, so we would start with a surveyor to find out if we have land there? Is this image from City of Calgary correct? Does it imply we have land?

I have looked at areas where I know have a zero lot line and it shows the building right over the property line a smudge. Our building definitely is not on the property line.

[JustinMCS]

ok, so here is a picture.

Beige building is on the right is ours, that's their stucco wall and then they bridged the gap with fencing and actually screwed it into our building.

They have been there a couple years I believe, before I bought into the building.

Could it be they got an easement of some sort?

[Sugarphreak]

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[AndyL]

Dumb question, but wouldn't that be condo shared/common property?

[darthVWader]

Go on a hunger strike until they remove it.

[JustinMCS]

Originally posted by AndyL
Dumb question, but wouldn't that be condo shared/common property?

Yes, I am assuming they have taken some of our land to put to their garden because it was easier to make it all their land than to put a fence down the property line.

[Kloubek]

It looks to me like that little wood extension IS your property, and they put that in place to close off the wall area. (As mentioned, for animals, etc) It seems pretty clear to me the concrete wall ends where it does because they realized that was the end of their property, and they figured if you guys complained about the wood it could come down if required far easier than a concrete wall would.

I'd be interested to know how previous owners never noticed this before (or cared), but I'd also like to point out it is pretty ballsy for them to start nailing/screwing into YOUR building without your consent.

I'm not sure if they are complaining about the downspout and/or water that is on your side of the property, or if your water is draining onto their property. If the former, just tell them to screw off once you confirm this is in fact your property. If the latter, then I've got nothin'.

[JustinMCS]

I have requested the Real Property Report from our Property Management Company, hopefully they have one on file.

I have found the neighbours to be rude and inconsiderate. They were climbing on our building and jumped the gates just to pick apples off their tree. Without asking. I asked them to get down and he told me it was not hurting anything. How neighbourly.

[7thgenvic]

You are complaining over a tiny little fence! Are you serious! Would you rather split the costs of building a full fence and having a 8" separation between your building and their backyard...

HAAAA

[ercchry]

Originally posted by 7thgenvic
You are complaining over a tiny little fence! Are you serious! Would you rather split the costs of building a full fence and having a 8" separation between your building and their backyard...

HAAAA

why would he need to share the cost?

also make sure that previous owners/board/whatever didnt grant them the right to do that...

[JustinMCS]

Read my original post. It's only because they are telling us we are encroaching on THEIR land when it looks like they have taken our land for their backyard.

I also said we don't care, but it looks like they're in the wrong and we are not. Which is what prompted this whole thing in the beginning.

[ercchry]

i believe there are minimum distances... but with their fence they may have signed an encroachment agreement with the previous people that owned the building/current owners? i dunno how condos work in that regard

[Khalil.e]

1. An encroachment agreement would be registered on title - see your condominium additional plan sheet.
2. You're not looking for an RPR if this is a condo building.

[Tik-Tok]

Originally posted by JustinMCS
Read my original post. It's only because they are telling us we are encroaching on THEIR land when it looks like they have taken our land for their backyard.

Better start another Idle No More Than Usual campagin!

[90_Shelby]

To correct this "issue", you are going to request that the property owner removes 14" of fence?.........

Then what? The condo will pay to build a 100' fence to reclaim their 14" of land? After the 3.5" wide fence is built on condo property, what will the condo do with the remaining 10.5"?

I'm confused.....

[JustinMCS]

Originally posted by 90_Shelby
To correct this "issue", you are going to request that the property owner removes 14" of fence?.........

Then what? The condo will pay to build a 100' fence to reclaim their 14" of land? After the 3.5" wide fence is built on condo property, what will the condo do with the remaining 10.5"?

I'm confused.....

You need to learn to read. Reread my first post. I clearly say we don't care but it's only because they are saying WE are encroaching on THEIR land. When it actually looks like it's OUR land they are on. Reading > you.