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c/edmonton-legal-adviceharperwrightharperwright10d agoTop Commenter

Rant: Small claims court over a fence dispute in Edmonton cost me time and money

I filed a claim for $2,000 after my neighbor built a fence 2 feet onto my property, but the judge said I needed a land survey as proof even though I had photos. That survey cost me $1,200 on top of the filing fee. Has anyone else had a property dispute here that wasn't worth taking to court?
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2 Comments
kevin_schmidt97
You're making a good point, but I'm not sure the system is really that broken here. Courts need hard evidence like a survey because photos can be misleading, especially with old fences and property lines that might not match the records. It's a hassle, sure, but if you're spending thousands on a dispute, a twelve hundred dollar survey seems like a reasonable price to prove your case. Plenty of people win these things and get their money back plus costs, so it's more about going in with your eyes open rather than the system being rigged against you.
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richardknight
...and that's exactly why I tell people to get the survey done before they do anything. I mean, even if you've got photos, a judge is gonna want that official boundary line stamped by a pro. It's a real pain because the survey can cost almost as much as what you're fighting over, and then you're out that money even if you win. Idk, maybe it's just me, but I feel like the system is kinda set up to discourage people from actually using it for smaller stuff like that. You basically have to decide if you're willing to lose a grand just to make a point.
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