Live Chat Online

Questions & Answers

This is a collection of answers to questions about property boundaries, land surveys, and property owner rights submitted by people like you.

Ask a question


Builder accessed my property to get to property beside me.

1

I built a new house in a new development the lot to the north is not yet developed (corner lot) and the lot to the south is now under construction. My lot has not been landscaped yet but final grade has been passed by the county. Property is located in Rockyview county just outside Calgary Alberta Canada. My question is does the builder to the south of my property have the right to block access to my side yard (with temporary fence) or use my property for access (drive equipment across my back yard) for construction purposes? They have done damage to the grade (deep wheel marks) and blocked access with out even giving notice or promise of repairs.


Hello;

The Alberta Land Surveyors Association is your best bet for an answer on this. They can be reached at http://www.alsa.ab.ca/.

In Ontario the builder would not be permitted to traverse or use your property unless there was a registered easement on title that permitted that use. New developments will often have time-limited easements across homeowner's lands that permit the builder to traverse so that they can move their equipment, materials and people in the most efficient manner to and from the sites they are working on. Usually these easements expire after a set number of years after the development is complete. To find out if such an easement exists you can contact your local Land Registry office or the Land Surveyor's association at the address above.

I hope this helps.

The Protect Your Boundaries Team