“
Recently bought a house and the RPR received upon closing shows our property line extends past our backyard fence by another ~3 metres. We have a corner lot, the subdivision sign is behind our fence, and our property line ends AT the sign. We had plans to extend our fence next spring to take advantage of the extra yard we’re currently paying for but can’t access – no idea why the builders didn’t originally do this.
Today, the city has planted 4 trees behind the sign. My partner is excited about “free” trees. I on the other hand am irritated that they’re planting trees on non-city owned property / land we’re paying a mortgage and taxes on. Do I have any recourse here or will I be expected to “eat the loss” as the previous owners completely ignored this part of the property until the city took over maintaining it?
Nick Answers Reddit
Every week, Nick answers a Redditor’s question about buying, selling, renting, investing or living in Ottawa. Send Nick your own questions on the website, on Reddit or on a YouTube comment!
Nick's Response
consider the city’s easements. Judging by the terms you’re using (RPR), I’m guessing that you’re in Alberta, but here in Ottawa the city has easements over most parcels of land that give them the right to access water and sewer lines, place utility boxes and plant trees. That may very well be the case in your situation as well.
Here’s how I’d recommend tackling this:
Review your survey/RPR: It sounds like it’s up-to-date, but verify the details with a surveyor if you’re uncertain.
Contact the city: Reach out to your city’s planning or forestry department to inform them of the situation. They may not realize that the land belongs to you, as it’s common for the city to plan trees in public spaces, particularly corner lots. Politely explain the issue and ask them to relocate the trees, if appropriate.
Speak with a lawyer: This would be a good time to chat with the lawyer that you used to close the purchase of your home, especially as you plan to extend your fence. They’re going to be the experts on easements.
Consider the cost-benefit: Even though it’s frustrating for you, you may want to consider whether the cost and effort of pursuing the issue with the city is worth it.
Document Everything: If you decide to move forward, be sure to document communication with the city and take photos of the trees and their relative location to property lines.
Good luck with the situation and I hope that you reach a satisfactory result!
Don’t skip these steps!
1
Document the situation – Take pictures and keep records of your communications with the city. This can be useful if you need to escalate the situation or if the trees cause issues in the future.
2
Understand your city’s by-laws – Familiarize yourself with local by-laws concerning property boundaries and tree planting. Some cities have detailed regulations about where trees can be planted in relation to private property lines.
3
Think Long-Term – Trees can enhance property value and the environment. Consider whether the trees might benefit your home before deciding to have them moved. You may find that keeping them provides long-term advantages.
609
120