Get Off The Road!: Encroachments Onto Public Roads

Many municipalities struggle with encroachments on municipal highways, particularly in the circumstance where private property abuts on an unopened road allowance (such as a lane), which, through the installation of patios, barbeque pits and gardens, gets treated by the property owner as part of his or her private property. 

The recent decision of District of West Vancouver v. Liu, 2014 BCSC 1230 ("Liu") deals with this issue and, as such, it has significant implications for municipalities and property owners. 

In Liu, the District sought an order for the removal of a living room, retaining walls, decorative ponds, hedges and a fence (the "Encroachments") constructed on the District's highway adjacent to Ms. Liu's property.