Study Paper on Access to Neighbouring Land and Airspace for Construction-Related Purposes
Overview
Construction cranes are a common sight in urban settings. So are the deep excavations at building sites needed to erect multi-storey structures. The boom of a construction crane may have to swing at times into the airspace over a neighbouring property, and installing the shoring structures that prevent the sides of an excavation from collapsing and potentially damaging adjacent buildings may require a builder to have some access to the adjoining land, including the subsurface.
Access rights for these purposes are often negotiated between the owner of the property under development and neighbouring owners. When they are not successfully negotiated, the resulting disputes may wind up in court or require builders to use more cumbersome construction techniques, such as driving piles. Court litigation and the forced use of more cumbersome and expensive building strategies have the potential to delay completion of construction projects and drive up their cost, which is passed on ultimately to purchasers and tenants.
Given the pace of development in the major urban areas of British Columbia, disputes over tower crane operation, shoring and underpinning are frequent enough to become a significant issue in the drive to expand the supply of housing. They are difficult to resolve in part because of conflicting interpretations of where the law stands in regard to the respective rights and remedies of owners of properties under development and their neighbours.
This study paper explores legislative and policy options for resolving disputes concerning access by developers to land and airspace bordering a construction site for construction-related purposes.
Read the Study Paper
The study paper explains why access to neighbouring land and airspace is often needed during construction. It reviews cases where failed negotiations or a failure to negotiate led to trespassing and injunctions and explains the legal concepts involved. Then it sets out a series of potential solutions for avoiding and resolving access-related disputes.
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If you are interested in learning more about this study paper, please contact [email protected].
















































