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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100024
Experience:  Lawyer
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I live in Calgary. My neighbour and I agreed to pour the

Customer Question

Hi I live in Calgary. My neighbour and I agreed to pour the concrete and fence together last year. We got someone, he told the guy to do the measurement. I trusted my neighbour, didn't doublecheck the measurements, then his concrete was poured last year, right after that, fence poles were buried, but the fence chain haven't been done yet. After that, last October, when I checked my property survey, I found out that the fence poles were totally buried in my property side, even some part of my neighbour's concrete was poured in my property side. what should I do now?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Thank you for requesting me. Does your neighbour agree that this has to be rectified?
Customer: replied 2 years ago.
Actually my neighbour doesn't know what I found out. I am sure he knew that all the poles are all in my property side.When I recalled the way we measured the property line, he measured this fence line from the boundary of my other-side neighbour until the boundary that my house and his house. Besides, I re-measured the boundary according to my landscape survey, his concrete and all the poles are totally in my property side, some part of this fence line even occupies 13cm in my side, which I am quite sure he did it in purpose from the very beginning. I am really upset and mad. I haven't talked to my neighbour of what I found out. This summer I am planning to get someone to pour my concrete, I don't feel comfortable if I just get the work done without even telling him that even his concrete already occupies my property, since I paid for this lot to build my house, now my neighbour seized some part of my lot as his. I don't want this wrong this to stay there forever, imagine each time when I look at this fence, it will always remind me of what happens, it's kind of a pain. I am sure nobody will be that accurate when doing the measurement and landscape for the house. To me a few centimeters is acceptable which now is about 13cm in my case. Could you please advise what I should do in this situation as per law?
Expert:  Debra replied 2 years ago.
What you can do is send him a letter or have a lawyer send the letter. In the letter state that you have determined that he has poured his cement well over you property line and that it must be removed by a deadline that you set. You can say you hope to resolve this in an amicable way as you are neighbours but if he fails to comply you will not hesitate to seek a court order and if you are required to do that you will also be seeking an order for damages if you incur any and for inconvenience and for your costs.
Customer: replied 2 years ago.
Thanks for your reply. Seeking a court order may be the very last thing to do if nothing works out since it will very likely make my neighbour and me like enemies. May I know how people will usually deal with such issues like my case in Canada? I don't know how big problem this case is; if this is a small problem, discussing with my neighbour will probably solve the problem, I prefer not to let small problems become big ones, so in what ways I should talk to my neighbour? Could you please give me advice to solve it wisely? Look forward to your reply. Thanks.
Expert:  Debra replied 2 years ago.
So why not say this is the law....... but let's resolve this in a neighbourly way. This is a common problem in Canada for sure.
Customer: replied 2 years ago.
So could you please advise me how and what to do to resolve it in a neighbourly way?
Expert:  Debra replied 2 years ago.
What I was trying to say is to tell them what they did. Tell they you got information from a lawyer and this is the law and explain what I said. Tell them the last thing you want to do is have to sue of course and so you hope they simply adhere to the law and rectify the situation as soon as possible but if not you will have no choice but to seek a court order.

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