Line Fences Act in Ontario: How Cost Sharing Works

A fence on the line between two properties often seems simple until it needs repair or one neighbour wants it replaced. Then the questions start: do both owners have to pay, who chooses the style, and what happens if one side says no?

Ontario has a statute written for this, the Line Fences Act. This article explains in plain words what it covers, how costs are shared, and where it does not apply, so you know what to check before you talk to your neighbour.

What the Line Fences Act covers

The Line Fences Act lets owners of neighbouring properties in most of Ontario settle disputes about fences on the boundary line. The disputes are decided by fence-viewers appointed by the municipality. It covers only fences on a boundary line.

An owner of land may build, maintain and keep up a fence that marks the boundary between their land and the neighbour's land. The formal arbitration process is meant for cases where the owners cannot agree.

The arbitration process applies in two situations:

• There is no fence on the boundary and one owner wants a new one.
• There is a line fence and one owner thinks it needs to be repaired or rebuilt.

Who pays for a boundary fence

Fence-viewers may 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 then issue an award and split the costs of the proceeding between the two owners.

An award may name one owner to build the fence and require the neighbouring owner to pay that owner one-half of the costs incurred. When making an award, fence-viewers must consider how suitable the fence is for the needs of each neighbouring owner.

There is an important exception. The arbitration process does not apply if one owner, on their own initiative, has already built, rebuilt or repaired a line fence and then wants the neighbour to share the cost. In practice, that means you should raise the issue with your neighbour, and use the process if needed, before the work is done.

What the Act does not do

The process does not decide where the property line is. The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey. If you and your neighbour disagree about where the line runs, a fence-viewer award will not answer that question.

Fence height and design rules are also separate. Municipalities may pass by-laws about structures, including fences, so those rules come from local by-laws and not a single provincial rule. If a by-law sets the height or construction of fences, the fence described in an award must comply with it.

Where the Act may not apply

Several situations change how the Act works. Check whether any of these describe your property.

Other rules that come with a line fence

• An owner who wants to remove a line fence must generally give the neighbour at least six months' notice.
• If a tree falls on a line fence, the owner or occupant of the land where the tree stood must immediately remove the tree and repair the fence.
• Neighbours may make a written agreement about a line fence on the prescribed form, and it may be registered and enforced as if it were a fence-viewers' award.

A written agreement is often the calmest way to settle things, because both owners decide the terms instead of leaving them to a third party.

What to do next

• Confirm with your municipality that the Line Fences Act applies to your property.
• Get a survey or other proof if there is any doubt about where the boundary is.
• Talk to your neighbour before building or repairing, and put any deal in writing.
• Check your municipal fence by-law for height and material rules.
• Contact the municipal clerk if talks fail and you want to ask for fence-viewers.
• Speak with a lawyer if the line itself is disputed or the amounts are large.

Frequently asked questions