Can I Build a Fence on the Property Line in Ontario?

Many owners want a fence exactly where their land ends and the neighbour's begins. It looks simple, but a few questions come up quickly: Are you allowed to build on the line, do you need your neighbour's say-so, and who pays?

This article walks through what Ontario's Line Fences Act says, where it stops, and the practical steps that help you avoid a dispute later.

What the Line Fences Act allows

Under the Line Fences Act, an owner of land may build, maintain and keep up a fence that marks the boundary between their land and the neighbour's land. A fence on the boundary is called a line fence.

The Act does not, however, tell you where the boundary is. The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey. Building on what you think is the line, without knowing, is where many problems begin.

Do you need your neighbour's agreement?

Talking first is wise, mainly because of cost. If you build, rebuild or repair a line fence on your own initiative and later want your neighbour to share the cost, the Act's arbitration process does not apply.

If you and your neighbour want a fence and cannot agree, the process is different. Where there is no fence on the boundary and one owner wants a new one, fence-viewers can be asked to step in. They can divide the fencing work between the owners and describe the fence, including its materials. An award may name one owner to build and require the neighbour to pay one-half of the costs incurred.

If you do agree, you can put it in writing on the prescribed form (Forms 14 and 15), and the agreement may be registered and enforced as if it were a fence-viewers' award.

Local by-laws set the height and design

Ontario does not have a single provincial fence-height rule. Municipalities may pass by-laws about structures, including fences, so height and design rules come from your local by-laws. Rules for things like pool enclosures and setbacks are also local, so they vary from place to place.

This matters even in a fence-viewer case: if a by-law sets the height or construction of fences, the fence described in an award must comply with it. In some municipalities the Line Fences Act does not apply at all, because the municipality passed a by-law saying so.

Special situations to watch for

• Fence cannot go on the line: if the land makes it impractical, an award may place the fence partly on either owner's land. That location does not affect who owns the land.
• Trees on the boundary: a tree whose trunk grows on the boundary is the common property of both owners. Injuring or destroying one without the landowners' consent is an offence under the Forestry Act, with a fine of up to $20,000, up to three months in prison, or both on conviction.
• Planting: an owner may plant trees on the boundary only with the neighbour's consent.
• Fallen trees: if a tree falls on a line fence, the owner or occupant of the land where the tree stood must immediately remove it and repair the fence.
• Removing a fence: an owner who wants to remove a line fence must generally give the neighbour at least six months' notice.
• Condominiums: the condominium corporation is treated as the owner, not the unit owner.

What to do next

• Find out where the boundary actually is. A licensed surveyor does boundary work, because preparing plans that establish a boundary counts as cadastral surveying.
• Check your municipality's fence by-laws and whether it has opted out of the Line Fences Act.
• Speak to your neighbour before you build, and write down what you agree.
• Consider a written agreement on the prescribed form if you want it enforceable.
• Get quotes and keep photos of the boundary and any trees before work starts.

If the boundary is unclear or your neighbour objects, a lawyer can explain your options before you spend money on materials.

Frequently asked questions