The Line Fences Act is a procedure to resolve line fence disputes between the owners of adjoining properties. The Act does NOT deal with disputes about fences that are not on the boundary line or disputes about where a boundary line is. Owners of adjoining properties who are unable to reach an agreement about a line fence may apply to the municipality to have the dispute arbitrated by three Fence Viewers who are appointed by Municipal Council.
Fence viewers do not determine the location of a boundary line.
When the Line Fences Act Applies
The Line Fences Act applies when there is a disagreement between two neighbours on:
- which owner is responsible for the line fence work; and
- the type of line fence to be built or repaired.
It only applies when:
- no fence exists, and one owner wants a fence constructed to mark the boundary; or
- a line fence already exists, and one owner feels it needs to be reconstructed or repaired.
When the Line Fences Act does not apply
Fence-Viewers do not deal with disputes:
- over the location of the property boundary,
- where the fence or proposed fence is not on the boundary line,
- where construction or repair of the fence has commenced or is complete,
- where the adjoining property is a municipal or provincial highway.
Dispute Resolution
Property owners are encouraged to work with their neighbour towards a solution without involving the Fence Viewers. An informal discussion between a municipal staff member and the owner of the adjoining property may sometimes help to resolve a situation without the need for fence viewers.
If a solution can not be found, you will submit a Form 1 – Request for Fence Viewers.
The Fence Viewers will follow the guidelines of the Line Fences Act and provide resolutions to disputes between owners of adjourning properties.
Under the Act, three (3) fence-viewers are required to be present at a viewing, and they are only authorized to address one or both of the following issues:
- The apportionment of responsibility for the fencing work between the two adjoining owners
- The description of the fence that is to be constructed or reconstructed on the boundary line, including the materials to be used
- After the viewing, the fence-viewers issue an award and allocate the costs of the proceeding between the two owners.
More information
The Ontario Government provides the following two relevant guides: