Did you know that if your home is built on a lot zoned for zero lot line construction that the zoning allows homes or secondary buildings to be placed on or near the property line?
Due to the proximity of your home and secondary buildings to the property line, an easement is registered on title that allows you to access your neighbour’s lands and your neighbour to access to yours. This easement makes it possible to build structures on or near the property line and to access the side of the buildings for maintenance.
Please follow the guidelines outlined below when building any buildings or fences. The guidelines take into consideration that you are not allowed to erect buildings or add improvements, like a fence, that interfere with the rights of your neighbour over the easement portion of the property. By following these guidelines, it reduces the chance of damage occurring to your fence and liability from neighbouring landowners.
- Do not erect a fence that prevents or impedes your neighbours’ rights under the easement. If you do, you may be liable for interfering with the rights set out in the easement. If found liable, you may have to pay for damages caused, alter the location of the fence or remove it entirely.
- It is a good idea to hold off on building your fence until the neighbouring lot has completed construction. Rights stated in the easement related to construction of a building give your neighbour the right to move a fence in order to enlarge their building/construction zone. This process may cause damage to your fence.
- You may also be liable for interfering with the rights granted in the easement if you install locks on your gate(s). Latches are acceptable so that your neighbour can have access to the lot as stated in the easement.
- If you plan on building a fence in an area that restricts access to the lot as stated in the easement, then we recommend you install a gate to allow your neighbour to have access. Your neighbour still has the right to remove your fence if it is built in a location that restricts access, but installing a gate, that is not locked, will reduce the likelihood of this happening. Please consult with your neighbour before erecting a fence of this nature.
The above diagrams layout a few potential fence and gate locations. Please follow the guidelines and the registered easement when constructing your fence. The diagrams are for illustrative purposes only.
For the full Cavanagh Fencing Requirements and construction details please click this link. Click Here
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