Encroachments onto park land has been a long-standing issue in Calgary, and there are several things that REALTORS^® should know about this topic.

Sometimes, landowners and/or residential homeowners encroach on City owned parks and green spaces with structures such as fencing, sheds, play equipment and landscaping.

The current Parks and Pathway Bylaw came into effect in March of 2020, making it an offence to encroach on such lands and penalties may be issued to property owners for offences.

A City of Calgary representative joined CREB^® on March 23 to present the following information on homeowner encroachment obligations and to provide advice on what to do if an encroachment occurs:

Advice for property owners

Property owners are encouraged to check the Land Use Bylaws for rules about setbacks and required distances from property lines and refer to their Real Property Report for the legal property boundaries. The City does allow for some surveyor error, and is reasonable when it comes to small amounts of encroachment.

If a property owner receives a letter from the City of Calgary about an encroachment issue, they are responsible to work with the City of Calgary Parks, even if the previous owner built the amenity/structure that encroaches onto the public land.

If a tenant receives a letter, they should inform the property owner.

The following process is in place for handling encroachments:

• Removal letter, timeline for removal.
• Parks work permit required to do work on City Land (no fee, insurances need to be in place).
• Send out inspector to meet with homeowner/contractor. Check on removal, follow-up.
• Update the Real Property Report.

If the property owner does not comply, a fine of up to $1,500 may be issued. Depending on the circumstance, a peace officer may visit the property and additional fines may be applied.

Advice for REALTORS^®

Encroachments often come to light during a home sale when the Real Property Report is submitted to the City.

Please remember to remind your clients that removing an encroachment is the homeowner’s responsibility and they bear the cost. When a buyer is purchasing a property, it is up to them to confirm any encroachments in the Real Property Report.

If your client is uncertain if their structure is encroaching on the City’s lands or interests, please encourage them to refer to their Real Property Report for the legal property boundaries.

To learn more about encroachments, check out this webinar by the City of Calgary. 

Form more information on encroachments, visit the City of Calgary website or email encroachments@calgary.ca.