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jake2340

Neighbour removed part of our shared fence — can I leave it down?

last month

Our neighbour recently removed a section (about 20%) of our shared fence without informing us beforehand. I’ve reached out multiple times to ask about their plans for replacing it, but haven’t received any response. When I tried to speak with them in person as they were getting into their car, they ignored me and left without acknowledging me. It’s now been several days, and the fence has not been replaced.


The section they removed is fully covered by mature cedar hedges on our side, so we still have privacy. From my perspective, the fence isn't even necessary in that spot. I'm happy to leave it as is, but I want to make sure there are no unforeseen issues—legal or practical—that could come up if the fence remains down long term.


Some context:

  • I live in Vancouver, BC
  • This fence runs along our shared property line.
  • I bought this house from my uncle, who had always maintained the fence himself. My uncle says the neighbour has never contributed to repairs.
  • When I moved in, they claimed our cedar hedge was pushing on the fence, but I showed them the hedges wasn't even touching the fence.
  • At one point, my dad braced the leaning fence (on his own time), and the neighbour assumed he was a contractor and asked me to bring him back to “fix it properly.” Once I said he was helping for free, they stopped the conversation.
  • I’ve personally patched other parts of the fence over the years.


Last week, they asked us to split the bill for a full fence replacement. I told them we didn’t have the budget and that, from our side, the fence looks fine—especially since our hedge covers it completely. I also asked for more details about the work being done (type of materials, post installation, etc.) but got no reply. A few days later, they just removed the fence section behind the hedge without further communication.


We don’t have pets, neither do they, and we’re not worried about privacy. My kids will likely play in the yard when they’re older, but the hedge is dense enough that toys or balls won’t go through.


We plan to live here for decades and I’d like to keep things peaceful with our neighbours—within reason. So my question is: Is it okay to leave the fence down permanently if both sides technically still have privacy? Could it create issues in the future (e.g. property line disputes, expectations for fencing, or bylaw problems)?


Thanks in advance!



Comments (2)

  • last month

    Id leave it down, but if you are worried about them trying to encroach on your property i would invest in a legal survey and have it filed with your municipality along with having the boundaries staked.





  • last month

    I can't really comment much about fence laws in BC but here in the USA fence laws are nearly as old as the country. There is no such thing as a shared fence, with few exceptions and it is owned by only one property owner. Exception here is AG land to keep animals in, and one land owner can legally force the adjacent landowner to pay half, including future maintenance costs. Strict fence laws were required to keep people from killing each other and I'm thinking Canada must also have fence laws. If two residential landowners pitch in to build a fence it still only belongs to one person without a legal document saying otherwise, and would become null and void when one owner sold the property. Fences don't make good neighbors, laws do.

    The side with the posts in the ground is the owner of the fence and if it was built correctly it must be 2" inside the owners property. Check with your cities bylaws to read the laws, I see there is a "line fences act" in BC to address fencing disputes between neighbors, but what ever part of BC you live there will be something in the codes about fences.

    If it is legally their fence they can do what they please with no permission from you what's so ever. If it's your fence it becomes your responsibility and your property so if they tore it down they are guilty of destruction of private property. First get you fence laws then determine who owns the fence. Fences don't determine lot lines, only a survey will and you may find someone is encroaching on the others property, so see it you can find survey stakes. If the fence has the posts on your side and within even an inch of your property it's your fence.

    Now with the information in hand and it's your fence send them a letter demanding they replace and repair YOUR fence at their cost or you will call the police and have them charged with theft. If it's their fence tell them You're not paying a cent and do what you want with the fence.

    Only last bit of advice, someone built the fence and may of been you uncle. Ask him if he's still alive, if not check with the cities permit department to see if someone pulled a permit to build the fence.