Bylaw 12308 regulates the unauthorized use of parkland.
What is an encroachment?
Homeowners with property that borders City parkland are encroaching when they put any structure, landscaping, material. beyond their property line onto parkland, or when they cut trees down, clear undergrowth or dump waste outside their property line.
Bylaw 12308 Prohibits:
- Cutting trees, shrubs, clearing undergrowth or dumping materials onto parkland
- Constructing, storing, erecting or placing anything on parkland ie: stairway, driveway, deck, patio, fire pit, fence, shed, homeowner's personal property.
- Landscaping on parkland
- Limiting access and enjoyment of all park spaces
Some encroachments may seem harmless, but they can limit access to public areas or prevent the proper maintenance of these areas. In extreme cases, the activity of homeowners on parkland has caused the diverting of creeks and the destabilization of other property.
Buying or selling a property
In the event of selling your property, lawyers and lending institutions may request a compliance certificate to protect their client's interests. A compliance certificate is written confirmation from the City of Edmonton that development on a property meets the regulations of the Zoning Bylaw.
In the case of an encroachment, the City cannot issue a compliance certificate until the encroachment is completely rectified according to the City's satisfaction. This could scare off would-be buyers who don't want to inherit a problem.
The City discovers encroachments when:
- Someone applies for a Compliance Certificate from Planning and Development and the Real Property Report (survey) shows a structure placed beyond the property line on parkland
- Conducting a site check of the general area
- We receive a complaint about a parkland encroachment
Upon discovering that a parkland encroachment exists Parks will:
- Conduct a thorough site inspection to verify the extent of the encroachment
- Notify the property owner by mail, requesting the encroachment be removed in a prompt manner and the parkland restored (damaged parkland must be restored and naturalized back to its original state, typically by top-dressing and seeding the area)
What should you do?
It is the individual property owner's responsibility to check his or her property to ensure that all structures, objects or landscaping elements are properly located on their own property.
It is important to understand where your own property lines are located. Do not use your neighbour's fencing or landscaping to determine the location of your property lines.
You can find out the size of your lot by using a survey plan or by calling for a "curb to property line" plan (call 780-496-6636 or fax 780-496-6635).