Get Off The Road! Encroachments On Public Roads: Part 2

The B.C. Court of Appeal recently rendered its decision in District of West Vancouver (Corporation of) v. Liu, 2016 BCCA 96 and confirmed the need for property owners to get authorization from local governments for encroachments on public roads.  In a 2-1 majority decision, the Court overturned the lower court's decision to issue a declaration to Ms. Liu under s. 36 of the Property Law Act that she is entitled to an easement for portions of her home that encroached over the District's public road allowance. The facts in this case are illustrative of a common problem that municipalities face where an owner builds structures that encroach on municipal highways, without authorization, and thereafter treats the encroachments as part of his or her property.