Who Has to Pay for a Fence Between Two Properties in Ontario?

Who pays for a boundary fence depends on your situation, so it is worth confirming with a lawyer rather than assuming everyone splits the bill. 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.

If a neighbour refuses to contribute, how to proceed depends on your situation, so it is worth confirming with a lawyer before you build or demand payment. The fence-viewers' award then sets out the outcome, and it may be appealed to the referee within fifteen days of receiving it. How the cost is shared will depend on the facts, so avoid assuming an even split. A friendly conversation sometimes avoids the formal process.

This route is not available everywhere. 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. Ask your municipal clerk whether such a by-law covers your property. Keep copies of all letters and notices, and speak to a lawyer if the dispute continues.