Encroachment Agreements

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The City owns parcels of land, including streets and lanes, public utility lots and parks. The City also has interests in privately-owned lands by way of easements. These easements are granted to the City to allow utility lines to be installed and maintained over or under private property. The rights and privileges of both the property owner and the City are specified in the easement document registered on the property title.

An encroachment is a development on a property, such as a fence, driveway, retaining wall or portion of a building that extends beyond the property boundaries onto a public road right of way, a public property such as a park, or other City-owned land; or extends onto a utility right of way that is registered against the property. Please check with the Planning and Building Department if you have any questions. 

The City has established an Encroachment Policy to manage existing encroachments, authorize acceptable encroachments through Encroachment Agreements, and provide a fair way of dealing with encroachments that must be removed.

Encroachment Agreement

Formal authorization, through an Encroachment Agreement, is required from the City of Medicine Hat to protect the City and public utilities from existing encroachments. An Encroachment Agreement is established for encroachments onto streets, lanes, City-owned lands and easements, if there are no objections to the encroachment.

The property owner responsible for the encroachment is required to enter into this agreement with the City. If the City does not accept the encroachment, the owner must remove it from the City property.

What do you need to apply for an Encroachment Agreement?

  • Certificate of Title 
    A copy of your Certificate of Title may be obtained from any private registries company. You will need to provide the legal description of the property in order to obtain a copy of the title.
  • Real Property Report
    A Real Property Report can only be prepared by a registered Alberta Land Surveyor. The Real Property Report provides a detailed surveyed plan of a property, including any encroachments onto adjacent properties. The Real Property Report is required to evaluate the extent of the encroachment, and to prepare the Encroachment Agreement. An original signed copy of a current Real Property Report is preferred; however a clean, unreduced photocopy of the original may be accepted.
  • Letter of Intent
    This is a covering letter that explains why you are applying for an Encroachment Agreement. Highlight any important factors and be sure to refer to the property's address and legal description, as well as your mailing address and phone number.
  • Photographs
    Photographs of the encroaching feature are always appreciated although they are not a strict requirement. These should give an idea of what the area looks like and clearly show the encroachment.
  • Fee
    The current fees associated with an encroachment agreement vary, depending on the size and complexity of the encroachment. Fees must be paid by cash or cheque made payable to the City of Medicine Hat and must include the applicable G.S.T. You may fax your Real Property Report to us at 403.502.8038 and we will determine the appropriate fees that are relevant to your application.

NOTE: Application and processing fees for Encroachment Agreements are adjusted annually as part of the Fees and Charges Schedule for the Planning & Development Services Department.

Please note that applications for Encroachment Agreements cannot be processed if any of the required information or fees are not included.

You can drop off or mail your completed application to:

Planning & Development Services
Second Floor, City Hall
580 First Street SE
Medicine Hat, Alberta T1A 8E6

When the Department receives your application, it will be reviewed to determine if it needs to be circulated to affected City Departments and Utilities for their comments. If objections are received, an Encroachment Agreement will not be prepared and the encroachment must be removed.

If the encroachment is accepted, then an Encroachment Agreement will be prepared that will be executed by the registered owner and the City. The agreement is then registered by Caveat at the Land Titles Office. The Encroachment Agreement remains in effect for the life of the structure, and the structure may not be rebuilt on City land. Processing fees are required to cover the costs of preparing, executing, and registering the agreement.

For more information, contact the Planning & Development Services Department:
Phone: 403.529.8374
Fax: 403.502.8038
Email: pbe@medicinehat.ca


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