Fence outside/beyond property line

[jmc]

Can anyone point me to the correct section of the particular bylaw/code that talks about specific allowance for this?
i.e. Is there some exact neutral zone/leeway-tolerance for fence outside property line, in-between two houses lot?

Thanks.

[blairtruck]

20cm

[Sugarphreak]

...

[blairtruck]

when my company does an rpr. and the fence is within 20cm either way of the p/l it is a common fence. and we measure from center line of post. not edge
put it right on the line and if the holes are not perfect or it leans you got 20cm of error.

[jmc]

I am wondering where the “20 cm” legality come from, can anyone point me to a particular section of the documentation? Maybe city property allow you that, but neighbor might not?

Originally posted by Sugarphreak
You can only put a fence directly on the property line if both land owners agree, if the other owner doesn't agree or hasn't been consulted you must put the fence on your own property (I've heard by at least a foot, but could be 20cm as noted above). Also in that circumstance if your fence has a "nice side", it must be facing the other owners land.

As far as putting a fence beyond your property line onto somebody elses, there is no way you can do that without permission.

Are you saying if I fully paid and build my own fence half-a-foot within my property, my neighbor can legally demand the fence be taken down, simply because they do not agree.

Originally posted by blairtruck
when my company does an rpr. and the fence is within 20cm either way of the p/l it is a common fence. and we measure from center line of post. not edge
put it right on the line and if the holes are not perfect or it leans you got 20cm of error.

So if I fully paid and build my own fence half-a-foot within my property, they can legally do whatever to it on their side of my fence, because it is common?

Example scenario- Neighbor won’t pay or help, and if the above info is correct; then with houses so close to each other these days, there’s no way to have my 'own' fence and still have room to walk in-between it and my house!
Note: I have not build the fence yet, something seems amiss...

[Sugarphreak]

...

[blairtruck]

put it on the property line that's what its there for.

[jmc]

Thanks for everyone’s assistance (beyond members, City of Calgary, and ALSA included).

After reviewing the various City bylaws and policies, and contacting the city 311 and Calgary’s Development & Licensing Services Support Centre (responsible for permits, development, zoning and land use). I/they (i.e. City of Calgary) have confirmed that the “20 cm” is not their rule. However they indicated to me, the surveyor association maybe able to provide me further guidance on this civic matter relating to fence and property line.

Posing this question to ALSA, here’s their responds:

According to the Alberta Land Surveyors' Manual of Standard Practice Part D, Section 8.5 (Real Property Report)

‘10. In urban areas, fences that appear to define property lines. Indicate in the in the legend that all fence are with 0.2 metres of the property line unless otherwise noted. Fences more than 0.20 metres from the property line shall be dimensioned. Fences shall not be indicated as encroaching unless the encroachment is onto public lands. To avoid confusion and conflict, fence ownership should not be inferred.’

Please note that the survey monuments in the ground define you property line not the fence. When a surveyor is doing a real property report he doesn’t infer ownership to the fence since the fence could belong to you, your neighbour or both of you. He just states that it is within 0.20 metres of the property line.

After researching this matter further; for exactness, various surveyors offer house stakeout or fence line/property line survey.
e.g. http://www.goguild.com/suttoncalgary...veys-group-inc

“Property Line Surveys
Where exactly does your property begin and end? We can take care of defining the boundaries of your property exactly by detecting and measuring survey evidence as well as researching registered survey plans of the area.”
Source http://vistageomatics.com/municipal/

“Can I use my RPR for fence lines?
It is not recommended that a RPR be used to establish a property line. If you require a boundary for fence line construction, or any other purpose, please contact an Alberta Land Surveyor at Axiom Geomatics and request a Property Line Survey.”
Source https://axiomgeomatics.ca/services/r...operty-reports

Aside: I have got my done, and the drawing has text showing “Fence is 0.07m East of Property Line”

In Summary (using common case law as my basis, here is my conclusion [feel free to draw your own, as I am not a lawyer]): While every case will have some leeway, my interpretation is - if you fully paid for it and it is wholly within your property, the fence is yours. Any other situation, you are at risk of not being the sole owner.

If anyone has additional documentation to further these findings in any way, please feel free to share them.