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Real Estate

What can I do if my neighbour refuses to participate in the Line Fences Act fence-viewer process?

TSL Written by the Treadstone Law team· Updated August 2026

Your neighbour's refusal to cooperate doesn't stop the process. Either owner can request that the local municipality appoint fence-viewers under the Line Fences Act, and once that request is made, the fence-viewers can inspect the properties and issue a decision regardless of whether the other neighbour actively participates or engages with the process at all. The mechanism is specifically designed so that one uncooperative neighbour can't simply block a resolution by ignoring it.

Once the fence-viewers issue their award, apportioning cost and specifying the fence required, that decision is binding on both owners, whether or not the reluctant neighbour agreed to it along the way. Refusing to participate doesn't give a neighbour a way to opt out of the outcome; it just means they gave up the chance to have direct input into how it was decided.

If you're facing an uncooperative neighbour on a genuine boundary fence issue, the practical step is to request the municipality appoint fence-viewers yourself rather than waiting indefinitely for voluntary agreement, since the process doesn't require both sides to consent to move forward.

Key takeaways

  • A neighbour's refusal to participate doesn't stop the Line Fences Act fence-viewer process.
  • Either owner alone can request the municipality appoint fence-viewers.
  • The resulting award binds both owners regardless of whether one refused to participate.
  • Request the fence-viewer process yourself rather than waiting for a reluctant neighbour to agree.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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