Encroachment issues are one of the most common and confusing challenges faced by Calgary property owners. Even a small fence, shed, or other structure built just beyond your property line or across an easement can raise red flags with neighbours and the municipality.
This guide will help you understand what encroachment agreements are, how they relate to municipal encroachment policies, and why having a clear, accurate property survey is the essential first step to resolving encroachment issues.
Understanding Encroachment Agreements
What Is an Encroachment Agreement?
An encroachment agreement is a formal contract which documents what happens when a permanent structure like a fence, garage, or shed extends across a property boundary, into an easement, or onto City of Calgary land.
These agreements are commonly required during municipal inspections and property sales, as they provide a clear legal framework for the Encroachment to remain. They outline the responsibilities and future obligations for everyone involved.
Easements vs. Encroachments
An easement is a legal right, often granted to the City or a utility provider, to use a section of your land, such as for a drainage corridor or utility path.
An encroachment, on the other hand, is when a structure crosses into that space without permission or over a property line.
For example, if you build a shed within the City’s overland drainage easement, the City may ask you to remove it to uphold its right to keep the passage clear.
Not every encroachment is treated the same. The key is whether that structure interferes with the rights established by the easement. The municipality reviews and decides what can stay, needs adjusting, or must be removed.
Identifying Encroachments on Your Property
How a Property Survey Detects Encroachments
A property survey is your first defence against accidental violations. A licensed surveyor will carefully map your land to show the exact location of all permanent features compared to legal boundaries and utility easements.
The survey will pinpoint where permanent and non-permanent structures cross lines or overlap with other interests
Using a Real Property Report (RPR) to Confirm Boundaries
A Real Property Report (RPR) is your property’s “blueprint.” It shows boundaries, structures, and easements visually, making it easy to spot where an encroachment agreement may be necessary.
Encroachments are clearly labelled, and the information helps owners, buyers, and the municipality determine the next steps to peaceful occupation.
Types of Encroachment Agreements
Several types of encroachment agreements are recognized in Calgary, ranging from simple letters to title-registered documents.
General Encroachment Agreement Form
- Schedule A (Letter of Tolerance): Used for very minor encroachments (often under a foot), the City may simply acknowledge the situation with a letter — not registered on title, but on record. The understanding is that you’ll remove or alter the feature if required in the future.
The agreement only lasts as long as the owner possesses the land. Then, a new agreement is required by a new landowner. - Schedule B and C Agreements: These address larger or more complex encroachments, such as where a section of a structure, retaining wall, or improvement noticeably crosses a legal line or occupies City-managed land. Once registered at the Land Titles Office, these agreements run with the land in perpetuity.
These are full contracts registered on your land title. The City reviews and decides whether the encroachment can remain (often conditional approval from all city departments), must be adjusted, or needs to be removed before proceeding with the agreement.
Fences Between Neighbours
Fences tend to be a shared responsibility, unless an owner specifically builds the fence on their property to maintain ownership.
Most fences have common ownership because the intent was to build the fence on the property line. When a fence extends over a property line, even by a small amount, the best path is often a mutual agreement or understanding between neighbours.
It is important to realize that a Real Property Report will not show ownership of a fence. In the “Notes” section of the RPR’s Title Block, it will usually state that the fence is within 0.20 metres of the property line unless otherwise shown. This describes location only, not legal ownership.
Private Property Encroachment Resolutions
Many encroachment challenges never go to the Land Titles Office. Homeowners can often resolve these privately, with a written understanding between neighbours. As long as both parties agree and document it, these private agreements can maintain neighbourly relations and provide much-needed clarity.
If an agreement can’t be reached, the involvement of a lawyer — and often formal documentation — becomes necessary.
When Encroachments Involve Public or Shared Land
Easement Encroachment Agreement
When a structure sits on or crosses into an easement such as a utility corridor or Municipally-owned right-of-way, special rules apply.
The easement holder (often the Municipality or a utility company) must formally permit the encroachment. These agreements (usually Schedule B or C) set strict conditions: you may have to move the structure if future work is needed, maintain it so it doesn’t interfere with the Municipality’s access, and accept that these terms stay with the property.
Encroachment License Agreement for Temporary Use
Sometimes, an encroachment is temporary, such as for scaffolding during construction or a sign for a short-term event. These are usually handled with a license agreement and not a permanent encroachment agreement.
Terms specify duration and removal. Leases may be granted on a short-term basis, but only if a Municipality review finds no long-term risk.
Encroaching Structure on City-Owned Property
When a permanent structure — such as a shed, driveway expansion, or landscaping — sits entirely or partially on land owned by the Municipality, the process is more complicated.
Often, the Municipality will require a complete review, with strict criteria for whether an encroachment agreement is even allowed. In very limited cases, immediate removal is required.
Early professional surveying and open communication with City officials can mitigate the financial and logistical stress associated with encroachments on City-owned property.
Financial and Legal Considerations
Cost of a Property Survey and RPR
A property survey and RPR is the most reliable way to document what’s on your lot and to see where all boundaries, easements, and encroachments sit. In Calgary, a Real Property Report with compliance review generally costs between $500 and $1000, depending on property size, neighbourhood, and timing.
Encroachment Maintenance and Removal Agreements
Most encroachment agreements involve ongoing obligations. Owners may have to promise to remove the encroaching structure if the city or easement holder needs to access their space — often at their own cost.
Encroachment agreements can clarify responsibilities for repairs, maintenance, and future compliance. The agreement stays attached to the property, binding on future owners.
Long-Term Compliance vs. Immediate Correction
Some encroachments can remain in place under an agreement for as long as they don’t interfere with city or utility needs; others require a quick fix, especially if safety, use or accessibility is compromised.
At Third Rock Geomatics, we help clients understand which route applies, whether encroachment can resolve an issue for good, or whether removal is the only real option.
Partner with Third Rock Geomatics for Expert Support
Navigating encroachment agreements is much easier with an expert by your side. Third Rock Geomatics is Calgary’s go-to for clear, accurate surveys and step-by-step guidance — whether for confirming boundaries, preparing reports, or managing complex city paperwork.
With decades of experience, we help our clients resolve disputes smoothly, secure city approvals, and protect property value.
Need help with an encroachment or bylaw relaxation issue? Contact Third Rock Geomatics today!
