Fence Disputes in Ontario: Your Rights Under the Line Fences Act

If you have ever argued with a neighbour about who should pay for a fence, who gets to choose the style, or whether a fence is even necessary, you are not alone. Fence disputes are among the most common complaints between Ontario neighbours — and fortunately, Ontario has a dedicated law for exactly this situation: the Line Fences Act.

A line fence is a fence built on or along the boundary between two properties. The Line Fences Act creates a process for determining whether a line fence should be built or repaired, what it should look like, how much it should cost, and how those costs are split between the adjoining owners. This article explains how the process works and when you might need a lawyer.

What the Line Fences Act Covers (and What It Does Not)

The Act applies to rural and non-urban land in Ontario. Municipalities may have opted into or out of the Act's provisions, and many urban properties are governed by local fence by-laws rather than (or in addition to) the Act.

The Act covers:

• Line fences along the boundary between two privately owned parcels.
• Disputes about whether a fence should be built, maintained, or rebuilt.
• Disputes about who pays and in what proportion.

The Act does not cover:

• Fences wholly on one person's property (not a line fence).
• Retaining walls and similar structures that are not fences.
• The Toronto area and many municipalities that have passed their own fence by-laws — check your local by-law first.

The Default Cost-Splitting Rule

Under the Line Fences Act, the default position is that adjoining owners share the cost equally — fifty-fifty. This applies to:

• Building a new line fence.
• Repairing an existing line fence that has fallen into disrepair.
• Replacing a fence that has reached the end of its useful life.

Sounds simple. In practice, disputes arise because:

• One neighbour does not want a fence at all.
• The neighbours disagree about the style or materials.
• One neighbour built a fence and wants cost contribution retroactively.
• The existing fence is claimed to be in good condition by one party and falling down by the other.

The Arbitration Process Under the Line Fences Act

When neighbours cannot agree, the Line Fences Act provides a fence-viewers arbitration process. Here is how it works:

Step 1: Notice to the Neighbour

The owner who wants a fence (or fence repair) gives written notice to the adjoining owner specifying the fence wanted and requesting participation.

Step 2: Appointment of Fence Viewers

If agreement cannot be reached, either owner can apply to the local municipality for the appointment of fence viewers — typically three persons appointed by the municipality who act as arbitrators. As of writing, specific appointment procedures and fees are governed locally — verify the process with your municipal office.

Step 3: The Fence Viewers' Award

The fence viewers inspect the site, hear both parties, and issue a written award that determines:

• Whether a fence is required and of what type.
• How the cost is apportioned (default is equal, but they can vary this based on circumstances — for example, if one owner benefits more from a livestock fence, they may bear more cost).
• The timeline for construction.

Step 4: Enforcement

A fence viewers' award is binding. If a party fails to comply, the award can be enforced through the courts. The Act also provides a mechanism for one party to do the work and claim reimbursement from the other.

When the Fence Is on the Wrong Side of the Line

The Line Fences Act governs cost-splitting — it does not resolve where the boundary actually is. If the parties disagree about the location of the property line, that is a separate boundary dispute (see our article on boundary disputes) that must be resolved before or alongside the fence dispute. A survey is usually the starting point.

Municipal Fence By-Laws: Urban Properties

If your property is in a municipality with its own fence by-law (which covers most urban Ontario properties), the local by-law may:

• Set maximum heights for fences.
• Require permits for certain fence types.
• Mandate specific setbacks from the lot line.
• Provide a local dispute resolution process.

Check with your municipality before building or modifying any fence. Violations of local by-laws can result in orders to remove a fence at your own expense.

Common Fence Disputes That End Up in Litigation

Fence disputes sometimes escalate beyond fence viewers into the courts, typically because:

• A fence was built on the wrong side of the line — this becomes an encroachment claim, not merely a Line Fences Act issue.
• One neighbour deliberately damages the other's fence — this is a trespass or property damage claim.
• Fence viewers' award is challenged — parties may seek review of an award on narrow grounds.
• Cost reimbursement is refused — where one party did the work and the other simply refuses to pay.

Frequently asked questions