When a side yard looks open and usable, it’s natural to consider extending a deck or placing a small structure there. But in many Calgary subdivisions, that strip of land is governed by a Maintenance Access Right‑of‑Way (MARW) — and that changes everything.
MARWs are easements which exist so the interest holder (e.g., your next-door neighbour) can enter the right-of-way (e.g., on your property) to build or maintain a dwelling or municipal infrastructure.
There are two common types: municipal MARWs in favour of the City to access infrastructure, and private MARWs between adjoining homeowners to allow maintenance of a neighbour’s house or garage.
Under the Land Use Bylaw, private maintenance easements must be kept free of buildings, structures, shrubs, trees, or other physical features which would prevent or restrict their use for building maintenance
Deck and A/C in a Private MARW
Our client extended a deck along the side yard and placed an A/C unit within a registered private MARW. On site, the deck ran tight to the neighbour’s wall, leaving no practical access for maintenance.
During the City’s development permit review for a relaxation, a previous MARW agreement was identified: it specified that deck structures should not be listed as allowable within the easement.
The City outlined two paths forward:
- Provide an amended Maintenance Access Right‑of‑Way agreement explicitly allowing the deck and A/C within the easement, or
- Remove the encroachments and submit an updated Real Property Report (RPR) with photographs confirming removal.
Although the A/C unit did not itself require a bylaw relaxation, in this case, the City directed that the unit be included in any amended agreement.
Until one of these steps is completed, compliance cannot be granted.
What This Means for Homeowners and Realtors
A side‑yard MARW is not a usable extension of the yard. Decks, sheds, fencing, landscaping, or equipment placed in that corridor can obstruct access and block compliance.
If a structure already sits within a MARW, there are generally two paths: remove the obstruction and update the RPR, or amend the registered agreement to allow the feature — if the parties to the easement consent and the City accepts the amendment as part of its review.
Order an RPR
A current, accurate Real Property Report is the backbone of any compliance or relaxation file. If you’re planning work near a side yard, or preparing to sell, start here:
Speak With a Land Surveyor
Have a MARW on title — or think you might? We can review your RPR, identify easements, document what’s in the corridor, and outline next steps for compliance or agreement amendments. Contact Third Rock Geomatics today!
