Neighbour Property Damage Claim in BC: Filing at the CRT

A neighbour's tree fell on your fence. Their unmanaged drainage is flooding your yard. Their renovation contractor cracked your retaining wall. A money claim for physical damage of $5,000 or less may fit the CRT's small-claims jurisdiction; a claim asking the tribunal to decide a land-title or boundary right is excluded.

What Qualifies as a CRT Claim

The CRT handles standard small claims between private parties, including neighbour property damage disputes. These are typically claims based on negligence (the neighbour failed to maintain something on their property and it damaged yours) or nuisance (an ongoing condition on their property that unreasonably interferes with your use of your own).

Common scenarios:

• Fallen trees or branches — a dead or diseased tree on the neighbour's property fell onto your fence, shed, or vehicle
• Water runoff and drainage — the neighbour's landscaping, construction, or grading change diverts water onto your property
• Fence damage — the neighbour or their contractor damaged a shared or boundary fence
• Construction damage — a contractor working on the neighbour's property caused vibration or debris damage. A claim asking for a decision about an encroachment or boundary right falls outside standard CRT small claims.

If the dispute involves strata property (a shared building governed by a strata corporation), it may fall under the CRT's separate strata stream, which has different rules and no monetary limit.

Building Your Evidence

Neighbour damage claims need clear evidence connecting the damage to the neighbour's property or conduct:

• Photos and video — document the damage from multiple angles, with timestamps. If the cause is ongoing (water pooling after rain), capture it during the event
• Repair quotes — get at least two written quotes from qualified contractors to establish the cost of repair. This is your claim amount
• Timeline — when did the damage occur? When did you first notice it? When did you inform the neighbour? A written timeline supported by dated photos or messages is stronger than verbal recollection
• Communications — any texts, emails, or letters between you and the neighbour about the problem, especially their response (or lack of one)
• Expert assessment — for drainage or foundation issues, an engineer's report or arborist's assessment (for trees) strengthens the case

What to Do Before Filing

Send a demand letter before you file. State what happened, attach the repair quotes, and give the neighbour 10 to 14 days to pay or propose a solution. Many neighbour disputes settle at this stage — especially when the other side realizes you have documentation and a repair quote.

If the neighbour's home insurance might cover the damage, mention that in your letter. Some homeowner policies cover liability for damage to neighbouring properties, and the insurer may handle the claim without either of you going to the CRT.

The Filing Process

File through the CRT's Solution Explorer as a standard small claim. You'll need the neighbour's full legal name and address for service — which you likely already know. If the property is owned by someone other than the person living there (a landlord, a numbered company), verify the legal owner through BC's Land Title Office or BC Registries and Online Services.

The filing fee is $75 for claims up to $3,000 or $125 for claims between $3,001 and $5,000. If the CRT rules in your favour, the tribunal can order the neighbour to reimburse your filing fees and verified service costs.

The BC CRT Small Claim Filing Guide covers the full process from demand through adjudication, with evidence organization worksheets that help you present a clean, chronological case.

See more British Columbia guides →