Real Estate Tip: How to Detect an Encroachment
Because encroachment agreements take time.
Do you see the white retaining wall?
The retaining wall extends out toward the street and stops 0.65m from the back of the city sidewalk. Most people understand that the sidewalk and some portion of the front yard is actually city-owned property. In this example, the sidewalk is 2.29m from the property line. That number varies throughout the city, depending on the size of the road designation and the type of constructed road.
Permanent improvements, such as retaining walls which are built on city property, will need to be removed or the owner can apply for an encroachment agreement with the city.
What happens next?
Once the Real Property Report was complete, and the Certificate of Compliance was issued, we submitted an application for an Encroachment Agreement with the City. This process has additional time and cost requirements which can affect the real estate transaction. (Fees and times are dependent on the specific situation.)
The city’s approval of the encroachment will typically include a copy of the Real Property Report and a number of stipulations. One key point, the city will be allowed to request removal of the encroachment with 30 days notice. This agreement is then added to the title and remains in force on the property.
For professional land surveying and geomatics:
For more information, have a look at this page:
City of Calgary Encroachment Information
