Two years ago we bought our home on the outskirts of Nelson. Our lot is higher than the adjacent vacant land beside us. This spring someone purchased this vacant lot and has started developing it for a new home. They have been burning slash piles every weekend with fly ash covering our deck. But now they have excavated a driveway along the property line between us that will put all their vehicle traffic right next to our house and the cut bank from the road excavation is washing away every time it rains. We’re concerned that edge of our property will erode but we didn’t create this mess. What can we do?

One of the inherent difficulties and dangers of purchasing a house that borders on vacant land is the uncertainty of not knowing what may someday happen beside you.  Even though you can check with the regional district or municipal planning departments for a list of “permitted uses”, “setbacks” to property lines and building heights, you  can never thoroughly predict what impact a new building, new landscaping and new neighbours will have on you, your view and your enjoyment of your property.

However, there is a basic principle in which you can take some comfort. No development on an adjacent property can adversely impact the physical features of your property. In other words, there is not much you can do about the fly ash if burning is permitted by the regional district or municipality. But the road excavation cannot affect the stability of your property. You should know exactly where your property line is located. If you have a plot plan this line will be defined. Failing this, you may require a legal survey. Once you are certain of the location of this line you should take photographs of existing conditions and future changes along this line to document any effects the new work may have on your land. Advise your new neighbours of your concerns verbally and in written correspondence. Document any verbal conversations with them in a journal. You then have photos and written documentation you can rely on to further your claim for remediation if damage to your property occurs and you cannot resolve the dispute amicably.

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This article was written by Steven Cannon, a Registered Building Official and partner in Lynch Building Inspection Services Ltd. of Nelson, British Columbia. It originally appeared in The Nelson Express.

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