- Ontario's Line Fences Act lets neighbours use municipally appointed fence-viewers to settle disputes about a fence on the boundary line.
- You start by notifying your municipal clerk on Form 1, and the clerk must set the arbitration day within 30 days of deemed receipt.
- An award can be appealed to a referee within fifteen days of receiving it, and the referee's decision is final.
A fence that is falling down, or a boundary with no fence at all, can turn a friendly street into a stand-off. If you and your neighbour cannot agree on who builds, who pays and what the fence should look like, Ontario has a local, low-key process built for exactly that problem.
That process uses fence-viewers. This article explains when it applies, how to start it, what fence-viewers can and cannot decide, and what happens if you disagree with the result.
When the fence-viewer process applies
The Line Fences Act gives owners of neighbouring properties in most of Ontario a way to settle disputes about fences on the boundary line through fence-viewers appointed by the municipality. It covers only fences on a boundary line.
It applies when the owners cannot agree and either there is no fence on the boundary and one owner wants a new one, or there is a line fence and one owner thinks it needs to be repaired or rebuilt.
It does not apply if one owner has, on their own initiative, already built, rebuilt or repaired a line fence and then wants the neighbour to share the cost. It also does not decide where the property line is. Owners must settle boundary disputes themselves, often with legal advice and a survey.
Places where the process works differently
- Opt-out municipalities: a local municipality may pass a by-law saying the Act does not apply to all or part of it. Even then, the section on former railway land next to farms still applies.
- Unorganized territories: where there is no municipality, the Ministry of Agriculture, Food and Agribusiness handles fencing arbitration.
- Condominiums: the condominium corporation, not the individual unit owner, is treated as the owner.
- Public highways: the Act does not apply to land that is a public highway.
- Crown land: an award cannot make the Crown responsible for more than one-half of the fence.
Because of the opt-out, your first step is to confirm with your own municipality that the Act applies where you live.
How to request fence-viewers
An owner starts the process by notifying the clerk of the local municipality on the prescribed form, Form 1 (Request for Fence-Viewers). The clerk must set the day for the arbitration no more than 30 days after the day the clerk is deemed to have received the notice.
Winter can change the timing. The clerk may postpone the arbitration, and a municipality may pass a by-law that stops arbitrations from being scheduled between November 1 and March 31.
Three fence-viewers must examine the property. If either neighbour asks, they must also hear evidence. Each council appoints its fence-viewers by by-law, and the by-law sets their pay.
What fence-viewers can decide, and what they cannot
| They can decide | They cannot decide |
|---|---|
| How the fencing work is divided between the owners | Where the property line is |
| The description of the fence to be built, including materials | Cost-sharing for a fence one owner already built on their own initiative |
| How the costs of the proceeding are split between the owners | Matters beyond how the work is divided and what the fence is like |
Fence-viewers may also decide that no award will be made, for example because they lack jurisdiction or the owners ask for none. They must still decide which owner or owners pay the costs of attending.
The award must be on the prescribed form and signed by any two of the fence-viewers, and it states in what proportion each owner pays the costs of the proceeding. An award may name one owner to build the fence and require the neighbour to pay that owner one-half of the costs incurred.
When deciding, fence-viewers must consider how suitable the fence is for the needs of each owner. If a municipal by-law sets fence height or construction, the fence in the award must comply with it. If the land makes it impractical to build on the boundary, the award may place the fence partly on either owner's land, and that does not change who owns the land.
Appeals and enforcement
The award is deposited in the municipal clerk's office, and the clerk sends certified copies to the owners. An owner who is unhappy 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 received seven days after it was sent. The fee in 2026 is $406.05 and is adjusted each January 1.
The Minister appoints the referee, who may set aside, change or confirm the award, and whose decision is final.
If an owner ignores the award, the other owner may serve a notice requiring compliance. If it is not obeyed within two weeks after service, the enforcing owner may do the work and recover its value. The amount can be collected like property taxes or enforced through the Small Claims Court. Once registered, an award becomes a charge on the land.
What to do next
- Confirm with your municipal clerk that the Line Fences Act applies to your property.
- Ask whether your municipality has a winter scheduling by-law and what administrative fees it charges.
- Check local fence by-laws for height and design rules.
- Get a survey first if the boundary itself is in doubt.
- Keep photos, quotes and written messages with your neighbour.
- Note the fifteen-day appeal deadline as soon as you receive an award.
If the boundary, costs or an award are complicated, a lawyer can explain your position before you file anything.
Frequently asked questions
Can fence-viewers tell us where the property line is?
No. The process does not decide where the line is, and owners must settle boundary disputes themselves, often with legal advice and a survey.
I already built the fence. Can I make my neighbour pay half through fence-viewers?
Generally not. The arbitration process does not apply when an owner has, on their own initiative, built, rebuilt or repaired a line fence and then wants the neighbour to share the cost.
Who pays the fence-viewers?
The municipality pays the fence-viewers' fees and may add unpaid amounts to the owner's tax roll. The award also splits the costs of the proceeding between the owners.
Can I appeal the referee's decision?
The referee's decision is final. Only the original fence-viewers' award can be appealed.
Sources
- Ontario.ca – Line Fences Act (Ministry of Agriculture, Food and Agribusiness) — ontario.ca
- Line Fences Act, R.S.O. 1990, c. L.17, s. 2 — Ontario e-Laws
- Municipal Act, 2001, S.O. 2001, c. 25, s. 98 — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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