Fences & Easements

Zero Lot Line

EASEMENT Considerations 

Your property is located in an area which is structured for zero lot line or streetscape home construction. This means that houses and garages may be built on or near the property line. 

In order to build structures on or near the property line, and to access the side of the structures that are located on or near the property line, a lot owner must have access over their neighbour’s lot. 

This access is protected by an easement, registered on your Certificate of Title, which allows you to access your neighbour’s lands, and allows your neighbour to access your land, to facilitate zero lot line construction on the terms stated in the Easement. 

The short definition of an easement – is the right to use property, or a portion thereof, of another for a specified purpose (i.e. Drainage, eaves, fence) 

Under this Easement, you are not allowed to erect structures or improvements, such as fences, which interfere with your neighbour’s rights over the Easement portion on your property.

 If you build a fence on your lot, we recommend you follow these guidelines to reduce the chance of liability from neighbouring land owners, and to protect your fence from damage.

• We recommend that you do not erect a fence on your property until your neighbour has finished building on its lot. Your neighbour will have the right to move your fence to enlarge their build zone, to access their property, and for the other reasons stated in the Easement. This may cause damage to your fence 
• Do not build a fence in a location which would prevent your neighbour from exercising its rights under the Easement. If you prevent access, you may be liable for interfering with the rights granted in the Easement, and may be required to remove the fence, alter the fence, or pay damages 
• If you build a fence in a location that may prevent your neighbour from exercising its rights under the Easement, we recommend that you install a gate in a location that allows direct access to the easement area. Your neighbour will still have the right to move your fence, if necessary, for the reasons stated in the Easement, but a gate will allow them ease of access. This will reduce the likelihood that they will need to move your fence 
• Do not install locks on any gates. Latches are acceptable, but the neighbour must have free access to use them. A lock will prevent access. You may be liable for interfering with the rights granted in the Easement, and may be required to remove the fence, alter the fence, remove the lock, or pay damages

What does this mean for the homeowner? 

1. Cost saving: As a buyer, you benefit by being able to build the same size home on a smaller lot. Zero Lot Line lots are as deep as a standard lot which ensures your dollar is maximized by paying for the more functional land at the front and rear, rather than the additional side yard.
2. Registered easement: With one side of the home on the property line, permission is needed to maintain and access the side of the home that is only accessible via the neighbour’s side yard. To handle this, the developer registers a maintenance access easement. The short definition of an easement is the right to use property, or a portion therof, of another for specified purpose (ie. Drainage, maintenance eaves, fence)
3. Ownership: There is a 1.2- 1.5m easement on both sides of your home. One is on your property and the other is on the neighbour’s. While you own your property, the easement grants your neighbour access to that portion of your property. Similarly, the easement on your neighbour’s property grants access to you.
4. Access for maintenance: The easement grants you access to your neighbour’s lot to maintain your house or garage without having to ask permission. You can temporarily bring in items, like ladders, to conduct maintenance but it cannot be stored in the area.
5. Restrictions: Access to the easement must not be obstructed. Side yards are to be free of anything and everything to allow neighbour access. Air conditioners, general storage, sheds, decks, bins, hose-reels, landscaping (other than ground cover) or other items are not allowed within the easement. Tools to conduct maintenance may be brought into the area but cannot be stored (ie. Ladders)
6. Fencing: To maintain unobstructed access, a fence cannot be built across the easement. Fences can only be built within the rear yard, and it is recommended you wait until construction on your neighbour’s home is complete to avoid conflict. A gate may be installed, but to ensure access, must not be locked. If access is obstructed, you may be liable for interfering with the rights granted in the easement and you may be required to remove or alter the fence or pay damages.

Privacy Fence Section & Panel

NOTES:
ALL WOOD TO BE PRESSURE TREATED SPRUCE. SMOOTH 4 SIDES. BE FREE OF ALL CHECKS,
SPLINTS, OPEN JOINTS, CRACKS, KNOT HOLES OR LOOSE KNOTS AND OTHER DEFECTS.
ALL HARDWARE/ NAILS/ SCREWS TO BE HOT DIPPED GALVANIZED IN ACCORDANCE WITH CSA
SPECIFICATIONS. UNLESS OTHERWISE SPECIFIED. COUNTERSINK NAILS/ SCREWS/ BOLTS.
ALL POSTS AND BOTTOM RAILS TO BE PRESSURE TREATED. PRESSURE TREATED POSTS TO BE
TREATED WITH A SOLUTION OF PENTACHLOROPHENOL AND PETROLEUM TO CSA-080.
TREAT ALL WOOD BELOW GRADE WITH A CLEAR PRESERVATIVE CONFORMING TO CITY OF
EDMONTON ROADWAYS DESIGN STANDARDS CONSTRUCTION SPECIFICATIONS. ENSURE THAT ALL DRILLED, SAWN OR ROUTED EDGES ARE FREE OF SPLINTERS, BURRS AND SAND SMOOTH IF REQUIRED. FENCE TO BE PRIMED AND PAINTED (2 COATS) TO COMPLETELY AND EVENLY COVER ALL FENCE COMPONENTS (COLOR AS DIRECTED BY DEVELOPER OR DEVELOPER’S REPRESENTATIVE). REFER TO DRAWING 1001-005 FOR ADDITIONAL NOTES.

Note that 6” x 6” fence posts may be used as an alternate to the steel post specified above.
Fencing to be painted or stained with product number 723-04, color code 049A0115.

Note that 6” x 6” fence posts may be used as an alternate to the steel post specified above.
Fencing to be painted or stained with product number 723-04, color code 049A0115.
The private fence between homeowners must follow the Architectural Guidelines as set out by Mattamy Homes.

The only difference for homeowners is: No Crossbuck Nailers on the inside of fence. 4×6 posts may be used in place of the 6×6 posts as specified. Top and bottom boards are to be 6×6. Homeowner may paint the inside of the fence the color they choose. All outside fences facing the public must be built and painted as specified in the Architectural Guidelines.

View PDF File