Neighbour Ignoring a Fence-Viewers' Award in Ontario: How to Enforce It

You went through the fence-viewing process and got an award. Now your neighbour will not build their share, will not pay their half, or simply ignores it. That is frustrating, but the Line Fences Act has its own enforcement steps, and you do not have to start from scratch.

This article explains what an award can require, when it becomes final, and how the enforcement steps work in order. Local details such as fees and whether the Act applies at all depend on your municipality, so a call to your clerk's office is a good early step.

What a fence-viewers' award can require

Fence-viewers can decide only two things: how the fencing work is divided between the owners, and the description of the fence to be built, including its materials. They also split the costs of the proceeding between the two owners.

• The award must be on the prescribed form and signed by any two of the fence-viewers.
• It may name one owner to build the fence and require the neighbouring owner to pay that owner one-half of the costs incurred.
• It states in what proportion each owner pays the costs of the proceeding.
• If a municipal by-law sets fence height or construction, the fence described must comply with it.

The award is deposited in the municipal clerk's office, and the clerk sends certified copies to the owners.

The appeal window comes first

Before you treat an award as something to enforce, check whether the appeal period is still open. An owner unhappy with the award may appeal to the referee within fifteen days of receiving a copy. The notice of appeal must be served and filed with the clerk, along with the prescribed fee.

An award sent by registered mail is deemed to be received seven days after it was sent. The appeal fee in 2026 is $406.05, and it is adjusted each January 1 by the Consumer Price Index of Ontario. The referee may set aside, change or confirm the award, and the referee's decision is final. Only the original award can be appealed.

Enforcing the award step by step

• Serve a notice on the other owner requiring them to comply with the award.
• Wait two weeks after service. If the notice is still not obeyed, you may do the work the award directs and recover its value.
• Have the fence-viewers certify the value of the work you did.
• Choose a collection route: the clerk may place the certified amount on the collector's roll and collect it like property taxes, or the certificate may be filed with the Small Claims Court and enforced against the owner's goods and land.
• Consider registering the award or certificate, which makes it a charge on the land it affects.

Keep receipts, photos and a record of when and how you served each notice. Which collection route suits you can depend on your municipality and your neighbour's situation, so it is worth confirming with a lawyer.

Written agreements and local costs

Neighbours can avoid much of this by making a written agreement about a line fence on the prescribed form (Forms 14 and 15). That agreement may be registered and enforced as if it were a fence-viewers' award.

Costs vary locally. Council may set reasonable administrative fees by by-law. The municipality pays the fence-viewers' fees and may add unpaid amounts to the owner's tax roll. Fence-viewer pay is also set by municipal by-law.

When the process may not apply

• A local municipality may pass a by-law under the Municipal Act, 2001 saying the Line Fences Act does not apply to all or part of it, and the Act, except s. 20, then does not apply to that land.
• For land in a registered condominium, the condominium corporation, not the individual unit owners, is treated as the owner.
• The Act does not apply to land that is a public highway.
• The process does not decide where the property line is.

What to do next

• Find your award and note the date you received it, then confirm the appeal period has ended.
• Check with your municipal clerk that the Line Fences Act applies where you live.
• Serve the written notice requiring compliance and keep proof of service.
• Keep all invoices and photos if you end up doing the work.
• Speak with a lawyer before registering anything or filing with the Small Claims Court.

Frequently asked questions