Encroachment Agreement Alberta: All You Need to Know

In Alberta, an encroachment agreement is a legal document signed by two parties to regulate a situation where one party’s property overlaps on another party’s property. Encroachment agreements usually arise in situations where a property owner has constructed a structure, building or fence that extends beyond the boundary line and onto the neighbouring property. This can create a situation where the affected party may have legal rights to challenge the encroachment or demand compensation for the use of their land.

Encroachment agreements are commonly used in real estate transactions, commercial leasing, and construction projects. Alberta law mandates that an encroachment agreement must be signed by both parties before any construction or modification can be done on any property where an encroachment has been detected.

The parties involved in an encroachment agreement are generally referred to as the encroaching party and the affected party. The encroaching party is the one who owns the property where the encroachment has occurred, and the affected party is the one whose property is affected by the encroachment.

The terms and conditions of an encroachment agreement typically include a description of the encroaching structure or object, the location of the boundary line, and the rights and responsibilities of both parties regarding the encroachment. Some of the key issues addressed in an encroachment agreement include:

• The duration of the encroachment and the circumstances under which it may be terminated.

• The extent of the encroachment and the portion of the affected property that may be used by the encroaching party.

• The terms and conditions for the payment of compensation to the affected party in exchange for the use of their property.

• The responsibility of both parties to maintain and repair any damage caused by the encroachment.

• Any other provisions or conditions necessary to protect the rights of both parties.

In conclusion, an encroachment agreement is a legal document that provides a framework for regulating situations where a property owner has encroached onto another party’s property. Alberta law mandates that an encroachment agreement must be signed by both parties before any construction or modification can be done on any property where an encroachment has been detected. The terms and conditions of an encroachment agreement help establish the rights and responsibilities of both parties and assist in resolving any disputes that may arise over the encroachment. If you require assistance with an encroachment agreement in Alberta, consult a legal professional with expertise in real estate and property law.