ENCROACHMENTS – CITY OF CALGARY

The City of Calgary enacted an Encroachment Policy on July 1, 1996 (amended February 23, 1998).

https://www.calgary.ca/CA/city-clerks/Documents/Council-policy-library/cs008-Encroachment-Policy.pdf

The City of Calgary recognized that encroachments exist, will continue to be discovered and has established this policy for processing encroachment applications.

Encroachments occur into City owned lands and into easements. On behalf of the citizens of Calgary, The City must ensure that encroachments do not adversely affect these lands and easements or The City’s ability to maintain effective services or restrict public access and enjoyment of lands for public use.

https://www.calgary.ca/realestate/Pages/Encroachments.aspx?redirect=/cs/realestate/pages/encroachment/encroachments.aspx?master=old

An encroachment is defined as being any portion of a building, fence, driveway, retaining wall or other structure which extends onto City property. The City owns parcels of land, including streets and lanes, public utility lots and parks. The City also has interests in privately-owned lands by way of easements. These easements are granted to The City to allow utility line(s) to be installed and maintained on, over or under privately-owned lands. Real Estate & Development Services ensures that encroachments do not adversely affect The City lands and easements. Formal approval is required from The City of Calgary to protect The City and public utilities from existing or proposed encroachments. An encroachment agreement is issued for streets, lanes, City-titled lands and easements, if your property qualifies. Owners of the encroachment are required to enter into an agreement with The City or remove the encroachment.

The application procedure for an Encroachment Agreement is to provide as follows:

  1. A copy of your land title
  2. An original or clear copy of your Real Property Report (survey)
  3. Letter of intent, explaining circumstances – provide address and legal description
  4. Photographs of encroaching features
  5. Pay relevant fee (between $200 to $500)

It can take 3-8 weeks to obtain the Encroachment Agreement from the City.  Tip - when submitting pictures of the encroachment you should submit 4 different viewpoints of the encroachment and the pictures must be clear. The backs of the pictures must also have the address of the property noted on them so the City knows which property they are for.

Please contact us if you have any questions about Encroachment Agreements.

Peter Robinson (75 Posts)

Peter G. Robinson is an accomplished and skilled general practice lawyer in Calgary, Alberta. Over his 20 year career, Peter has carved out his niche in Residential Real Estate, Wills & Estate Planning, and Probate Applications. Uniquely available to his clients, Peter is a calm and patient communicator who easily puts his clients at ease with straight-forward explanations of legal concepts. Blogging is his latest venture to cultivate awareness of NW Calgary Law, a law firm where he is the hands-on leader of an enthusiastic team dedicated to prompt and efficient service. Follow Peter on Twitter, connect with him on LinkedIn or visit www.nwcalgarylaw.com The content contained in these blogs is intended to provide information about the subject matter and is not intended as legal advice. If you would like further information or advice on any of the subjects discussed in this blog post, please contact the author at NW Calgary Law at 403.265.3010 or probinson@nwcalgarylaw.com.


The content contained in these blogs is intended to provide information about the subject matter and is not intended as legal advice. If you would like further information or advice on any of the subjects discussed in this blog post, please contact the author

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