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, and where it does not apply

Ontario's Line Fences Act gives neighbours a way to settle disagreements about building or repairing a fence on the boundary. One owner submits Form 1, a Request for Fence-Viewers, to the municipality. The fence-viewers inspect the site and make an award setting out what work is done, what kind of fence it is and how the cost is split. An owner who disagrees has 15 days from receiving the award to appeal.

The Act does not apply everywhere, and the biggest exception is the one most people need to know about.

A municipality can pass a by-law exempting all or part of itself from the Act. The City of Toronto has done exactly that. Apart from one narrow section about former railway lands, the Line Fences Act does not apply in Toronto, and the City does not accept applications for line fence viewing at all.

So if you are in Toronto, including North York, Scarborough, Etobicoke and East York, there are no fence-viewers to call. The City's own advice is that neighbours work it out between themselves, and it points to free community mediation through TNG Community Services, or your own legal advice, if that fails.

Outside Toronto the Act generally does apply, but check with your own municipality before relying on it, because the opt-out power is available to all of them. The Act also does not decide where the property line is. That is a surveyor's job, which is why step 1 comes first.

5. Check the height rules

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

Sources: Government of Ontario, Line Fences Act; City of Toronto, Line fences and fence disputes. Checked September 2026. This guide is general information, not legal advice.