Encroachment into Calgary’s parks and natural areas has been a long-standing issue.

Encroachment happens when a homeowner or landowner builds any kind of structure or does landscaping which extends onto City owned property, including City parks. Some examples are a fence, driveway, retaining wall, shed, compost bin, fire pit, children’s fort and landscaping such as significant mowing past the property line and planting non-native species.

Encroachment can happen deliberately, but some homeowners may not even be aware that they are building beyond their legal property line.

There are a lot of reasons why encroachment is an issue:

• Calgary’s parks are for the enjoyment of all our citizens. They are not intended to be used by a few people for extended periods of time. They can stop citizens from accessing and enjoying parks to their fullest.
• Encroachment can damage environmentally sensitive areas. Significant mowing behind a property line, applying herbicides and planting non-native plants can damage the ecosystem, disrupt wildlife, damage slope stability and kill native plant species.

The City recently rolled out a new Parks and Pathway Bylaw that prohibits encroachment. Fines for individual offences range from $250 to $1,500. In extreme cases with substantial damage multiple fines could be issued adding up to $10,000. The City uses fines as a last resort and prefers to work with homeowners to resolve the issue.

Homeowners should check their legal property report, especially if they back onto a park, green space or natural area

As a REALTOR®, what do you need to know?

• Removing the encroachment is the homeowner’s responsibility and they bear the cost.
• Encroachment often comes to light during a home sale when the real property report (RPR) is submitted to The City for a compliance stamp.
• Encroachment can make a property appear larger and more appealing inflating the perception of value.

For more information, call 311 or visit Calgary.ca/bylaws and select Parks and Pathways.

Please note: This article does not reference encroachments or encroachment agreements between two privately owned properties.