Encroachment in Canadian property law refers to a situation where a structure, building, or other permanent improvement physically crosses from one property onto an adjacent property without the permission of the owner whose land is being occupied. Unlike easements, which typically involve rights of passage or use, encroachments involve the actual presence of a physical object or structure on land belonging to someone else. The legal significance of this concept stems from one of the most fundamental principles in property law: the right of an owner to exclusive possession and use of their land. When a fence, wall, building foundation, eaves, roof overhang, garage, shed, or even tree roots extend beyond a property boundary, the owner of the encroaching structure may be liable for trespass, and the affected neighbour may have rights to seek remedies ranging from removal of the structure to monetary compensation.
The origins of encroachment law in Canada derive from common law principles of trespass that were inherited from English law and have been adapted through provincial legislation and judicial interpretation over centuries. In Quebec, the concept is governed by the Civil Code of Quebec, which provides a distinct framework rooted in civil law tradition rather than common law. Across common law provinces such as British Columbia, Alberta, Saskatchewan, Ontario, and others, the principles are largely similar, though the specific statutory provisions and procedural mechanisms can vary. What remains consistent across all Canadian jurisdictions is the recognition that property boundaries must be respected and that those who build structures that cross those boundaries face potential legal consequences. Understanding these principles is essential for any business owner, non-profit operator, or professional who owns or leases commercial property, as the financial and operational implications of encroachment disputes can be substantial.