Livestock Escaped Through a Neighbour's Fence: Who Is Liable?

Animals getting out is stressful for everyone. If you keep livestock, you worry about the animals, your neighbour's crops and the road. If you are the neighbour, you may be wondering whether a broken fence is your problem, theirs, or shared.

This article explains what Ontario sets out about containing livestock, what to do in the moment, and how the Line Fences Act deals with disagreements over fences between properties. Who ends up paying for particular damage depends on the facts, so it is worth speaking to a lawyer about your situation.

Who has to keep the animals in?

Ontario's position is that farmers and animal owners must keep livestock under their care contained, and must recover them after an escape. Owners also have obligations under several federal, provincial and municipal laws.

That duty sits with the person who keeps the animals. The Line Fences Act deals with a different question: disagreements between neighbours about building or repairing a fence on their shared boundary. Whether a particular owner is liable in a civil claim for damage caused by straying animals depends on the facts, so it is worth confirming with a lawyer.

What to do when livestock escape

Ontario recommends a short series of steps, whether you are the owner or the person who sees the animals loose.

• Document your contacts: note who you called, when, and what was said.
• Call police or 911 if there is imminent danger, such as animals on a roadway.
• Report the escape to the animals' owner.
• If the owner is unknown or does not respond, report it to municipal animal control.
• You can also contact the Ministry of Agriculture, Food and Agribusiness at 1-877-424-1300.

Neighbours should generally not try to recapture the animals themselves. Loose livestock can be unpredictable, and getting involved can create safety problems of its own.

Partition fences and the Line Fences Act

The Line Fences Act sets out a formal process for neighbours who cannot agree about a fence on their shared boundary. It applies only in two situations: no fence exists and one owner wants one built, or a fence exists and one owner believes it needs reconstruction or repair.

It does not apply where one owner has already built, rebuilt or repaired the fence alone and now wants the neighbour to share the cost. It also does not decide where the boundary is. If the real dispute is about the boundary line, you need a different route and legal advice.

Ontario encourages informal discussion first, either with a municipal staff member or directly between the owners, before using the formal process. The Ministry of Agriculture, Food and Agribusiness can provide a Line Fences Act guide at 1-877-424-1300.

A municipal council can pass a by-law exempting all or part of the municipality from the Act and assigning fence costs another way, so you should check whether your municipality has one.

How the fence-viewer process works

Fence-viewers are appointed by the municipality, and three fence-viewers must be present at a viewing. Their award can deal with how responsibility for the fencing work is split between the two owners and with a description of the fence, including materials. It also allocates the costs of the proceeding between the owners.

These forms are listed under Regulation 715 and may have been amended over time, so confirm the current versions with your municipal clerk.

Deadlines and appeals

If you are unhappy with a fence-viewers' award, you have 15 days from receiving a certified copy of it to start an appeal. An award is deemed received seven days after it is sent by registered mail. Only the original award can be appealed.

The appeal fee is stated as $406.05 for 2026, and it is adjusted each January 1 by Ontario's Consumer Price Index. Because the deadline is short, do not wait to get advice once an award arrives.

What to do next

• If animals are loose now, follow the safety steps above and keep a written record of every call.
• Take dated photos of the fence, the gap and any damage before anything is repaired.
• Talk to your neighbour calmly and in writing if you can; informal discussion is where Ontario encourages you to start.
• Check your municipality's by-laws and ask the clerk whether the Line Fences Act applies locally.
• If damage, injury or a refused repair is involved, speak to a lawyer before sending demands or starting a formal request.

Frequently asked questions