Encroachment / Easement Issues
When buying or selling real estate, real property reports (RPR's or surveys) may reveal that either you, the City or a neighbour have encroachment problems. Encroachments could include a fence, a wall, a deck, an addition or anything else that has been built both on and off the property without proper consent - they are things that simply "cross the line"! Encroachments often show up at the eleventh hour of a real estate closing and can either threaten or delay the deal.
When dealing with another private property owner (i.e. your neighbour), Davis Jensen can negotiate and paper a permanent solution that will solve the encroachment problem.
If the encroachment involves adjacent City owned lands (e.g. roads, laneways, parks / green spaces, utility right of ways, etc.), Davis Jensen has significant experience with approval applications to City Hall (in fact, one of our lawyers wrote the current City policy).
While the City's policy may appear black and white, there are often unique circumstances - such as "grandfathering", site history or previous approvals - that may affect the legality of the encroachment. Our firm his extensive experience in reviewing and advising on potentially difficult encroachment matters.
Encroachments - have you crossed the line?