What Does the Line Fences Act Say About Sharing Fence Costs in Ontario?
The Line Fences Act does not simply let you send a neighbour a bill for half the fence. It gives you a process instead: 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.
The result is an award from the fence-viewers. How it applies to your fence depends on your situation, so it is worth confirming with a lawyer. The award may be appealed to the referee within fifteen days of receiving it. That is a short window, so note the day it arrives. Keep copies of every notice and letter.
Check your municipality before you start. Except for section 20, the Line Fences Act does not apply to land covered by a fence by-law made under s. 98(1) of the Municipal Act, 2001 or s. 109(1) of the City of Toronto Act, 2006. Where such a by-law applies, its rules matter more than the Act. Talking to your neighbour first is sensible, and a lawyer can help if they refuse or you are unsure which rules apply to your property.
Key takeaways
- The Act gives you a process to ask fence-viewers to arbitrate, not an automatic right to send your neighbour half the bill.
- You start by giving the municipal clerk notice in the prescribed form.
- The award may be appealed to the referee within fifteen days of receiving it.
- Where a municipal fence by-law covers the land, the Act mostly does not apply, apart from s. 20.