Can My Neighbour Force Me to Remove or Replace a Fence in Ontario?

The Line Fences Act gives an owner a formal option when a boundary fence needs to be built or repaired. An owner who wants a boundary fence built or repaired may give the municipal clerk notice, in the prescribed form, asking fence-viewers to arbitrate.

An owner who wants a boundary fence built or repaired may give the municipal clerk notice, in the prescribed form, asking fence-viewers to arbitrate, and the fence-viewers' award may be appealed to the referee within fifteen days of receiving it. What can fairly be demanded, such as repair, replacement or removal, depends on the facts and on any local by-law. Do not ignore a formal notice; read it, note the dates and get advice.

Local rules can change the answer. Except for s. 20, the Line Fences Act does not apply to land covered by a by-law under s. 98(1) of the Municipal Act, 2001 or s. 109(1) of the City of Toronto Act, 2006. Fence by-laws vary between municipalities, so check yours with the clerk. Keep any letters you send or receive, and put your replies in writing. If your neighbour is pressing hard, a lawyer can explain where you stand before you agree to anything.