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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101408
Experience:  Lawyer
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I am having a dispute over property lines with my neighbor,

Customer Question

Hi there,
JA: Hello. What is your issue regarding?
Customer: I am having a dispute over property lines with my neighbor
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: I purchased the property approx two years ago, after having rented it for two years. My neighbor has an unattached garage that is well over 10sq meters in size. It appears to be right on the property line. This structure has an aluminum roof, no eaves troughing, and the siding on our side is terrible and tri colored. He also has a "lean to" style shed attached to the end of his garage that over hangs the property line by ~3ft. Since I have lived here, I had to tear down my fence on that side of the property due to extensive rot and water damage. I am now looking to put up a new fence, however, do not want to waste the money if his garage is going to rot it out! Where do I start?
JA: Is there anything else important you think the Lawyer should know?
Customer: We have already tried to reason with them, however, it ended in a huge verbal fight. He also works for the city, so I assume some "strings were pulled" to obtain building permits. If he has any at all!
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province are you in please?

What is the neighbour saying when you discuss this garage if you have tried to do so?

Customer: replied 1 year ago.
I am in Alberta (in Calgary).
The neighbor is not a reasonable person and unfortunately, just starts arguments. He does not believe that he should have to do anything to protect our property from the water drainage due to his structure.
He also feels that he should not have to move his wood "lean to" as he had a verbal agreement with the previous owners, to allow that structure to encroach on our property.
Expert:  Debra replied 1 year ago.

He is wrong on both counts.

He is liable for any damages that you incur as a result of his actions or his property. So you can sue him for any damages you suffer.

Secondly, he most assuredly cannot encroach on your property without you consent. It makes no difference at all that the former owner agreed. Unless he has an easement registered on title he does not have the right and a court would order that it be removed.

Does that help?