I am considering purchasing an older home in Nelson located on a corner lot. There is also an old, well built, detached garage that looks like it was constructed on or over the property line adjacent to one of these streets. I don’t want to purchase the house and then find out the City wants me to tear down the garage because it’s on their property or it doesn’t have enough clearance to the property line. How do I find out if there is a possible problem before I buy?

First, you and the owner should determine exactly where the garage is located in relation to the property line. Don’t trust fence lines. One quick way to find the exact locations of buildings on any property is to ask the owner to provide a plot plan showing all the buildings on the lot in relation to the property lines. If there is no plot plan then you can try to locate the physical property pins. Often, they are readily located with a metal detector; shallow digging or a neighbour’s plot plan. If these options fail to produce property pins then a land surveyor can be hired to “shoot in” the property line in question.

Once you have determined the location of the garage in relation to the property line you should draw a sketch or take the surveyed document to the City Planner. Ask if there are any encroachments or non-conforming setbacks on this property. If you are advised that there is a non-conforming setback from the garage to the property line or the garage is partially located on a City road right-of-way you should inquire about the possible ramifications.

Often, with respect to old ancillary structures like garages, the City will “grandfather” a non-conforming setback. However, If the building encroaches on a road right-of-way or City owned property, the Municipality does have the right to require removal of the encroachment. Usually, city staff will determine if the building is presenting any risk to public safety, snow removal or access to city services before making a decision on the matter. If, in their opinion, there are no risks, you can ask for a ”Comfort Letter”. At their discretion, the City may provide this “letter” which usually states that the City is aware of the encroachment but does not intend to take action at this time. In other words, they often leave the door open for future redress in the event that circumstances change.