Where Does Your Property Really End?
Understanding Surveys, Titles and Encroachments

Alberta’s land-title guidance says that a current title search can identify the current owner and registered interests such as mortgages, caveats, easements, builders’ liens and other registered interests. This is a different function from an RPR.

Think of the title search as the legal-record side of due diligence. It tells you what has been registered against the land. A mortgage may affect financing and discharge at closing. A caveat may indicate someone is claiming an interest in the land. A utility right-of-way or easement may restrict how a portion of the property can be used. A builders’ lien may signal an unpaid construction-related claim.

Because a title search and an RPR answer different questions, one does not replace the other. A title search cannot tell you whether the fence is on the line. An RPR cannot by itself tell you the full list of registered interests appearing on title.

The City of Edmonton says that a compliance certificate is a report confirming whether the buildings and structures identified on the property meet zoning bylaw requirements and have the appropriate development permits. To do that review, the City relies on a Real Property Report prepared and signed by an Alberta Land Surveyor.

Edmonton’s compliance-certificate guidance says the RPR must show all existing buildings and structures on the property, including items such as fences and sheds, as well as the distances from those buildings and structures to property lines. The City then reviews the report against zoning and permit history. If everything complies, the report indicates that. If not, the compliance process can identify issues such as missing permits or the need for an encroachment agreement.

This helps explain why owners, buyers and lenders often ask for both an RPR and compliance. The RPR is the survey document. The compliance certificate is the municipality’s review outcome based on that document.

An encroachment generally means that a structure extends over a property line, easement area or public land boundary. That might involve a fence, retaining wall, deck, eave, stair or other improvement. Edmonton’s encroachment guidance notes that these issues are often discovered when a property survey is submitted for a compliance certificate. If the survey shows a structure encroaching over property lines or easements, an encroachment agreement may be required.

An easement or utility right-of-way is different. It does not necessarily mean someone has already built in the wrong place. Instead, it means a portion of the land is subject to a registered right allowing use by someone else, such as a utility company or municipality. Alberta explains that a Utility Right of Way grants the right to use a portion of the landowner’s property and remains effective until a release is registered.

That matters because future improvements may be restricted. Edmonton’s accessory-building guidance specifically tells applicants to identify restrictive covenants, utility rights-of-way or easements before choosing the location for a detached garage or shed. A proposed garage may fit physically in the backyard, but if a URW crosses that area, your options may be limited.