Existing encroachments application
An encroachment exists when any portion of a building, fence, driveway, retaining wall or other structure extends from privately-owned lands onto City lands or interests.
Process for proposing new encroachments
An encroachment that has not yet been developed/constructed is a “proposed encroachment.”
The Encroachment Bylaw requires that formal approval for any existing or proposed encroachments must be obtained from The City. If approved, the private landowner is required to enter into an encroachment agreement. If an owner is unwilling to enter into an encroachment agreement, they are required to remove the encroachment.
Sometimes a landowner encroaches onto The City’s lands or interests. An encroachment exists when any portion of a building, fence, driveway, retaining wall or other structure extends from privately-owned lands onto City lands or interests. If an encroachment exists on non-reserve park land and the owner objects to such removal, the owner may apply to The City for a license of occupation. If The City objects to the license of occupation, the owner will then be required to remove the encroachment.
The City also has interests in privately-owned lands by way of easements, which are granted to us to allow utility line(s) to be installed and maintained on, over or under privately-owned lands. The rights and privileges of both the property owner and The City are specified in the easement document registered on the property title. A utility right of way is the most common form of this type of easement.
Encroachments on any land designated as Reserve (Municipal Reserve, Conservation Reserve, Environmental Reserve, etc.) must be removed as encroachments are not a permitted use of Reserve land under the Municipal Government Act (Alberta). The City is unable to grant any encroachment agreements on Reserve land. For more information on encroachments on City-owned park land please refer to Encroachments into parks and green spaces.
Any non-permitted encroachments that remain on City lands or interests carries a penalty. Fines can range from $750 to $10,000 upon conviction.
If you are uncertain if you are encroaching on the City’s lands or interests, refer to your Real Property Report for your legal property boundaries.