Will My Neighbour Have to Pay Half of a New Fence in Ontario?

A fence on the boundary between two properties is often a source of tension. One owner wants a new fence or a repair, the neighbour says no, and nobody knows who has to pay.

Ontario has a formal process for this. It does not apply everywhere or to every kind of fence dispute, so it helps to know when it fits, how the steps work and what your other options are.

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. The disputes are heard by fence-viewers appointed by the municipality. Every local municipal council must pass a by-law appointing as many fence-viewers as it needs.

The arbitration process applies only when the owners cannot agree and one of two things is true:

• 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.

The process does not apply if one owner has already built, rebuilt or repaired a line fence on their own initiative and then wants the neighbour to share the cost. If that is your situation, speak to a lawyer before you spend money.

When it does not apply

• Boundary location disputes. The process does not decide where the property line is. Owners must settle that themselves, often with legal advice and a survey.
• Municipalities that have opted out. A local municipality may pass a by-law 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.
• Public highways. The Act does not apply to land that is a public highway.
• Unorganized territories. Where there is no municipality, the Ministry of Agriculture, Food and Agribusiness handles fencing dispute arbitration.

For condominiums, the condominium corporation, not the individual unit owners, is treated as the owner. Check with your municipality whether the Act applies to your property.

Step by step: from Form 1 to the award

• Start 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.
• The clerk may postpone the arbitration, and a municipality may pass a by-law stopping 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.
• The fence-viewers issue an award on the prescribed form, signed by any two of them.

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

What the award can decide

Fence-viewers may decide only 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 states in what proportion each owner pays those costs.

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. 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. Those rules come from local by-laws, not a single provincial rule.

Appeals, enforcement and agreements

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, with the prescribed fee. The fee in 2026 is $406.05 and is adjusted each January 1 by the Consumer Price Index of Ontario. An award sent by registered mail is deemed received seven days after it was sent. The referee may set aside, change or confirm the award, and the decision is final.

If an owner does not follow the award, the other owner may serve a notice requiring compliance. If it is not obeyed within two weeks after service, that owner may do the work the award directs and recover its value. The clerk may have the certified amount collected like property taxes, or the certificate may be filed with the Small Claims Court and enforced against the owner's goods and land.

You can also avoid the process. Neighbours may make a written agreement about a line fence on Forms 14 and 15, which may be registered and enforced as if it were a fence-viewers' award.

What to do next

• Confirm with your municipal clerk that the Line Fences Act applies to your property.
• Confirm the fence is on the boundary line. If the line itself is disputed, get legal advice and a survey.
• Try to reach a written agreement with your neighbour first.
• Do not build first and then ask for a share of the cost, because the process does not cover that.
• If you file, obtain Form 1 and ask the clerk about local fees and any winter scheduling by-law.
• Watch the fifteen-day appeal deadline once you receive an award.

A lawyer can confirm how these rules apply to your situation.

Frequently asked questions