Fence Lines, Neighbours and Ontario's Line Fences Act

Most fence disputes between neighbours come down to two questions: where exactly is the property line, and who pays. Sorting out both before a post goes in saves a lot of trouble.

1. Confirm the property line

An old fence isn't proof of where the line is. A property survey is the most reliable way to know. If there's any doubt, an Ontario Land Surveyor can locate or mark the line before a new fence is built.

2. Decide where the fence goes

• Fully on your property: you own it and decide the style, within the bylaw. A small setback from the line avoids arguments.
• On the line: it's a shared boundary fence. Agree on style, height and cost with your neighbour in writing.

3. Talk to your neighbour

Share the quote, the style and the height. Many neighbours split the cost of a boundary fence. Some municipalities, like Milton and Uxbridge, also have their own fence cost sharing bylaws.

4. If you can't agree: the Line Fences Act

Ontario's Line Fences Act gives neighbours a way to settle disagreements about building or repairing a fence on the boundary. One owner can ask the municipality to appoint fence-viewers. The fence-viewers inspect the site and make an award that sets out what work is done, what kind of fence it is and how the cost is shared. An award can be appealed within a set time. The Act doesn't decide where the property line is, and some municipalities handle line fences through their own bylaws instead.

5. Check the height rules

A shared fence still has to meet the local fence bylaw. See our fence height guide by city.

Source: Government of Ontario, Line Fences Act. This guide is general information, not legal advice.