If you are planning a sale, a renovation, or new landscaping in West Vancouver, the strip between the road and your property line matters. Many owners are surprised to learn that the boulevard is municipal land, yet you are responsible for its care and must follow clear rules for what can and cannot be placed there. Addressing boulevard encroachments early protects value, avoids delays, and keeps projects moving on time.
Why boulevard encroachments matter
Boulevard encroachments can affect your resale timeline, financing, and renovation scope. Lenders and buyers often ask for a current survey. If a fence, wall, gate, driveway feature, or hedge crosses into municipal land or a neighbour’s title, you may face corrections, permits, or legal agreements before closing. West Vancouver confirms that boulevards are municipal property and sets standards for what owners may maintain or install, with safety and access as top priorities through its boulevards and encroachments guidance.
Encroachments can also slow construction. The District uses permits and bylaws to protect sight lines, utilities, and public access. If your plans affect the boulevard, you may need approvals, or the District may require changes. In some cases, West Vancouver can remove unsafe items or charge costs to the adjacent owner to restore the boulevard under its boulevard maintenance practices.
Boulevard encroachments explained
A boulevard encroachment is when a private improvement or use extends onto municipal boulevard land, typically between the road edge and your legal property line. Because that land belongs to the District, anything beyond basic landscaping may require permission. The rules exist to protect the public right of way, traffic safety, and service access as described by the District.
Common encroachment types
- Fences, gates, pillars, and entry features that sit in the boulevard
- Retaining walls or stairs built beyond the property line
- Driveway elements that extend, widen, or add private parking on boulevard land
- Tall hedges, boulders, or plantings that block sight lines or utilities
- Irrigation lines, heating coils, and lighting installed under public land
West Vancouver outlines what is commonly allowed without a permit, what needs a Boulevard Encroachment Permit, and what is not permitted at all or needs a Licence to Occupy. Examples include simple low plantings that may not need a permit, parking pads or retaining walls that require permits, and private structures like fences, gates, or columns that generally are not permitted without higher approvals per the District’s overview.
How encroachments arise
- Legacy construction before today’s rules
- Landscaping that slowly creeps past a surveyed line
- Driveway changes during renovations
- Unclear or assumed boundaries without a current survey
Because boulevard land feels like “part of the yard,” it is easy to assume ownership. In West Vancouver, that assumption is often incorrect. The first step is always to confirm the legal boundary.
Confirm property lines and records
Verifying the line is essential before you remove, permit, or legalize anything. Evidence beats assumptions, especially when the sale value or a construction timeline is at stake.
Read your survey and title
Pull your most recent survey or Real Property Report and check the following:
- The heavy or highlighted boundary line and all dimensions
- Notations showing fences, walls, driveways, steps, or hedges near the front boundary
- Any registered easements, rights of way, or encroachment agreements on title
If your files are outdated or unclear, order a new survey. West Vancouver’s development process frequently relies on current survey information to confirm compliance at final inspections as the District notes for land development.
Mark the line before projects
Before you design a new entry, driveway, or landscape, have a surveyor mark the front boundary on site. Share the survey and flags with your designer and contractor so everyone builds to the correct line.
Document current conditions
Photograph the boulevard and any features that appear close to or beyond the line. Keep dates, notes, and contractor drawings. This record supports permit applications, neighbour discussions, and buyer disclosures later.
Owner options to resolve encroachments
Once you confirm what is on or over the line, you have four main pathways. The right choice depends on risk, cost, timing, and how the item fits District policy.
Remove or relocate structures
For many owners, correction is the fastest, cleanest solution. If a hedge blocks sight lines, trim or move it. If a fence sits in the boulevard, relocate it to your side of the line. This path avoids licensing fees, ongoing obligations, and closing delays. It is also the approach most likely to satisfy safety and access goals.
Before you remove anything tied to the boulevard, confirm whether you need temporary access permission. A Street Occupancy Permit may be required for staging, bins, or temporary use of the curb lane as outlined by the District.
Apply to legalize the encroachment
When removal is not practical, you can apply to legalize or authorize the feature.
- Boulevard Encroachment Permit. West Vancouver reviews drawings and details to ensure safety and compliance. This is common for items such as one permitted parking space, driveway-related retaining walls, and certain landscape elements within height limits see the Boulevard Encroachment Permit process and District guidelines.
- Licence to Occupy or permanent encroachment agreement. For larger or permanent features, municipalities often use a registered licence that sets conditions like maintenance, insurance, and a right for the District to require removal. West Vancouver notes that some private structures would require a Licence to Occupy and may involve annual fees or Council approval per its boulevard guidance. Other BC cities publish example terms that are typical for these agreements such as Coquitlam’s permanent encroachment framework and Vancouver’s boulevard encroachment context.
Approvals are case by case. Some proposals are declined on safety or engineering grounds, and owners have pursued appeals in public forums, underscoring that not everything can be approved in a right of way as reported in a local appeal case.
Seek road closure or land purchase
In rare, complex situations, owners may explore adjusting a public right of way through a road closure and land disposal process. This route is lengthy, discretionary, and requires multiple approvals. It is usually justified only for significant projects where public interests are maintained. Start by discussing feasibility with District staff. Expect surveys, appraisals, and legal work.
Maintain with risk controls
Some owners choose to monitor and disclose the encroachment rather than remove or legalize it. This can include updated insurance, regular maintenance, and documentation. Understand the tradeoffs: unresolved encroachments can reduce buyer confidence, complicate financing, and trigger corrections at closing. If you plan to sell, a proactive remedy usually preserves value and leverage.
Selling a home with an encroachment
Approach the sale like a project manager. Early verification, clear documentation, and a chosen remedy path will keep your listing on track.
Pre-listing due diligence
- Order a current survey if your last one is dated or missing details
- Review title for any registered encroachment agreements or rights of way
- Identify boulevard items that are not permitted and shortlist remedies
- Confirm whether any temporary works will need a Street Occupancy Permit during corrections using the District’s permit page
The District also expects compliance with the Boulevard Bylaw when it signs off on development milestones, so cleaning up issues before listing protects your schedule see West Vancouver’s land development inspection notes.
Disclosure and negotiation strategy
Disclose clearly and provide your supporting documents. If you have a permit in process or a licence agreement draft, include it in the data room. Offer a defined remedy with a budget and timeline, or price accordingly. Clarity helps buyers proceed with confidence instead of requesting large holdbacks.
Timing around closing and remedies
You can sequence solutions in three ways:
- Pre-listing correction for maximum certainty
- Conditional-period correction with agreed milestones and access rights
- Post-closing undertaking paired with a holdback held in trust until the work is complete
Choose the path that aligns with market conditions and your risk tolerance.
Renovation and landscaping planning
Smart design prevents future conflicts. Integrate boundary awareness into the earliest sketches and scopes.
Design with clear setbacks
Work from the legal survey and consider clearances for vehicles, sight lines, and utilities. West Vancouver lists height limits and prohibited structures for boulevards, plus special rules for underground elements like irrigation or heating coils within its boulevard rules. If a feature might touch the boulevard, plan for a permit from day one.
Contractor coordination
Give your contractor a copy of the survey and mark the line in the field. Require that any change orders near the boulevard run through you with drawings so you can verify permit needs. If you will occupy part of the road for staging or bins, build a Street Occupancy Permit into the schedule and budget per the District’s procedures.
When to bring in professionals
Encroachments sit at the intersection of design, safety, and law. The right experts reduce risk and speed approvals.
Who to call and when
- Surveyor for current measurements and boundary marking
- District of West Vancouver Permits or Land Development for boulevard encroachment guidance and required permits using the District’s encroachment permit page
- Arborist and District tree team if any boulevard trees may be affected, as tree work on public land has its own permit and neighbour consent thresholds outlined by the District
- Legal counsel if you need a licence agreement, a neighbour easement, or if a private encroachment dispute arises. In BC, courts have specific powers to order removal, compensation, or even create rights in encroachment cases under the Property Law Act summarized by BCREA. Adverse possession is generally not a practical path for registered land in BC per LTSA practice guidance
- Insurance advisor to confirm coverage while works proceed
How a real estate advisor helps
Your advisor coordinates the moving parts: lining up surveys, organizing permits, preparing buyer-ready documentation, and structuring timelines and holdbacks so your sale stays on track. For neighbour matters, your advisor can help you set a negotiation plan and bring in counsel if needed.
Next steps for peace of mind
- Verify. Order or locate your survey and review title for encroachment items
- Document. Photograph current conditions and compile plans and permits
- Decide. Choose a path: remove, legalize, pursue a licence, or seek a larger solution
- Execute. Book the right professionals and set a timeline that aligns with your sale or project
If you want a discreet, end-to-end plan, request a private consultation with Amir Miri. We will confirm your boundaries, coordinate District steps, and position your property for a smooth sale or renovation.
FAQs
What exactly is the boulevard in West Vancouver?
- It is the municipal strip between the road and your property line. The District owns it, but adjacent owners must maintain it and follow specific use rules as explained by West Vancouver.
Do I need a permit to landscape my boulevard?
- Simple, low plantings may not need a permit, but many items do. Parking pads, driveway-related retaining walls, underground irrigation, and taller features can trigger permits or be prohibited. Check the District’s criteria and apply if required through the encroachment permit process.
Can I place a gate, fence, or pillars in the boulevard?
- Generally no without higher approvals. Many private structures are not permitted or require a Licence to Occupy and possibly Council consideration. Expect conditions and potential fees if allowed per District guidance.
How do I handle temporary construction use in the road or boulevard?
- Apply for a Street Occupancy Permit for staging, bins, or temporary patios. The District posts application steps and fee formulas for temporary use on its permit page.
My neighbour’s fence encroaches on my land. What are my options?
- Confirm with a current survey, try a friendly resolution or a private easement, and seek legal help if needed. BC courts can order removal, compensation, or grant rights in certain cases under the Property Law Act see BCREA’s overview.
Can the District remove items from the boulevard without my consent?
- If an item creates a safety or access issue and you do not correct it, the District can act and may charge costs to the adjacent owner under its maintenance framework.
Will an encroachment affect my sale or financing?
- Yes. Buyers and lenders often require a clear survey and resolved encroachments. The District also expects compliance at development sign-offs, so handling issues early helps protect timelines as noted in West Vancouver’s development inspection guidance.