How do I find the property line, and may I build the fence on it?
Where is the property line?
Direct answer · reviewed 2026-09-29
It is the property owner's responsibility to locate the line accurately, and the law puts real weight on getting it right. You may build anywhere on your own side without asking anyone. You may build *on* the line only if your neighbour agrees. If a fence turns out to enclose part of their land, the Property Law Act lets a court order it removed — or move the title to that strip. The section is triggered "on the survey of land", which tells you what the evidence is.
Conditions and exceptions
- Read from the statutes themselves on 29 September 2026.
- A land survey is the only thing that establishes a boundary. A fence, a hedge or a long-standing assumption does not.
- Easements and rights of way can forbid a fence even on your own land.
Local evidence
Every figure below is quoted from the source shown or is our labelled estimate. Verified dates are the day we last checked the source; a figure whose check is overdue is withheld rather than shown.
- Whether you need the neighbour's agreement
- Only if the fence sits on the property line
- People's Law School · quoted · verified 2026-09-29
- What a court can do about a fence in the wrong place
- Order removal, grant an easement with compensation, or move title to the enclosed land — Property Law Act s. 36(2)
- King's Printer, BC Laws · quoted · verified 2026-09-29
- Moving a survey pin while building a fence
- A Criminal Code summary offence — s. 442, Interfering with boundary lines
- Justice Laws Website, Government of Canada · quoted · verified 2026-09-29
- Who must locate buried services before the post holes are dug
- The employer — that is, the fence contractor, not the homeowner
- WorkSafeBC · quoted · verified 2026-09-29
- How buried services are located
- BC 1 Call, free, at 1-800-474-6886
- People's Law School · quoted · verified 2026-09-29
How to find it
A survey shows the iron pins in the ground — the survey monuments — that mark the corners and boundaries. You can search the BC land title authority to see whether a survey is already part of the public record for the property. If not, a registered BC land surveyor can attend and identify the line.
Against the cost of a fence, and against the cost of moving one, a survey is the cheap part of the job.
- Search the BC land title record for an existing survey of your property.
- If there is none, hire a registered BC land surveyor to locate and mark the line.
- Decide, in writing, whether the fence sits on the line or inside it — that decision drives consent and cost.
- Check your title for easements and rights of way: a fence is generally not permitted across an easement unless that easement allows it.
- Ask who is calling BC 1 Call before anyone digs.
Who must call before digging — and it is not you
WorkSafeBC OHS Regulation s. 20.79: "Before excavation work begins, the employer must determine the location of underground utility services and notify all affected parties."
The duty is on the employer — the fence company. It is not on the homeowner, and it is not discretionary. Post holes are excavation.
That gives you one question worth asking every contractor who quotes: "Who is calling BC 1 Call before the auger goes in?" If the answer is "you can do that yourself", the crew has just told you they do not intend to comply with 20.79 on your property. BC 1 Call is free, at 1-800-474-6886.
Before you fix the line on a plan
Consider the trees. Roots can push a fence out of line within a few seasons, and an overhanging canopy can drop a branch on it. Several municipalities here also require a permit to cut a tree, which can turn a straight fence line into a negotiation — in Metchosin, tree-cutting permits and riparian setbacks are what actually stop a fence, not height.
Questions homeowners ask
- Can I build my fence right on the property line?
- Only if the neighbour whose land the other half sits on agrees. On your own side, you need no one's permission.
- The old fence has been there for decades. Is that the boundary?
- No. Only a survey establishes a boundary. A long-standing fence in the wrong place is exactly the situation Property Law Act s. 36 exists to resolve, and the remedies include moving title.
- Do I have to call BC 1 Call myself?
- If you are hiring a contractor, no — the duty to locate buried services before excavation falls on the employer under WorkSafeBC OHS 20.79. If you are digging your own post holes, calling is voluntary, but the loss from hitting a service is yours.
Your next step
Once the line is fixed, the municipality decides the height.
Then check what you may buildRelated decisions
- Who pays for a fence between neighbours in BC?BC has no Fences Act, but that does not mean your neighbour never pays. What decides it is whether the fence sits on the property line.
- Fence height rules in Greater Victoria: all 13 bylawsHow tall a fence can be in each of the thirteen Greater Victoria municipalities, with permits and how each one measures. Read from the bylaws themselves.
Sources
- Property Law Act [RSBC 1996] Chapter 377 — King's Printer, BC Laws, accessed 2026-09-29
- Criminal Code, RSC 1985 c. C-46, s. 442 — Interfering with boundary lines — Justice Laws Website, Government of Canada, accessed 2026-09-29
- Occupational Health and Safety Regulation, Part 20 — Construction, Excavation and Demolition — WorkSafeBC, accessed 2026-09-29
- Fences and neighbours — People's Law School, accessed 2026-09-29
Every figure on this site is read from the bylaw or statute itself, with the date it was read and a link to the document. Bylaws are amended at council meetings, so confirm the current rule for your exact address before you build. Report a correction.