- If a neighbour ignores an award, you can serve a notice requiring compliance, and if it is not obeyed within two weeks you may do the work and recover its value.
- The fence-viewers certify the value of the work, and it can be collected through the tax roll or by filing the certificate with the Small Claims Court.
- The neighbour has only fifteen days from receiving the award to appeal to the referee, and the referee's decision is final.
You went through the Line Fences Act process and have an award in hand. The fence-viewers said who builds or repairs what, and who pays. Then your neighbour simply does nothing. The award feels like a piece of paper with no force behind it.
The Act does give you steps to follow. This article walks through the notice to comply, how the cost of the work is recovered, and how the award can be registered against land. It also explains the appeal window, because a neighbour who is unhappy may still have a right to challenge the award.
First, check the award stands and the Act applies to you
Before you act, it helps to know that an award can be appealed. An owner who is unhappy with an award may appeal to the referee within fifteen days of receiving a copy, and 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 to be received seven days after it was sent.
The fee to appeal a fence-viewers' award in 2026 is $406.05, and it is adjusted each January 1 by the Consumer Price Index of Ontario. The referee may set aside, change or confirm the award, and the referee's decision is final. Only the original fence-viewers' award can be appealed.
Also remember that some municipalities have passed a by-law under the Municipal Act, 2001 saying the Line Fences Act does not apply to all or part of the municipality. If that is your situation, the enforcement steps below would not be available in the same way, so confirm with your municipality.
Serving a notice to comply
If an owner does not follow the award, the other owner may serve a notice requiring them to comply. This notice is your formal warning. Keep a copy and proof of how and when it was served, since the timing matters.
If the notice is not obeyed within two weeks after service, the enforcing owner may do the work the award directs and recover its value. Do not start work before that period has passed, and do the work only as the award describes it.
- Keep your certified copy of the award.
- Read exactly what the award requires of your neighbour.
- Serve the notice to comply and keep proof of service.
- Note the date two weeks after service.
- Take photos and keep receipts for any work you later do.
Getting the cost back
Once you have done the work, the fence-viewers certify the value of it. That certificate is what you use to collect. There are two routes, and which one is used can depend on the municipality and the circumstances.
| Route | How it works |
|---|---|
| Collector's roll | The clerk may have the certified amount placed on the collector's roll and collected like property taxes. |
| Small Claims Court | The certificate may be filed with the Small Claims Court and enforced against the owner's goods and land. |
Once registered, a fence-viewers' award or certificate becomes a charge on the land it affects. In plain terms, that ties the debt to the neighbour's property. A lawyer can explain how registration works for your parcel and what it means if the property is sold.
Fees, agreements and what the process does not do
Council may set reasonable administrative fees by by-law, and the municipality pays the fence-viewers' fees and may add unpaid amounts to the owner's tax roll. The award also sets the proportion in which each owner pays the costs of the proceeding.
If you and your neighbour made a written agreement on the prescribed form (Forms 14 and 15), it may be registered and enforced as if it were a fence-viewers' award.
- No arbitration after the fact: if you built, rebuilt or repaired a line fence on your own initiative and then want the neighbour to share the cost, the arbitration process does not apply.
- No boundary ruling: the process does not decide where the property line is, and owners must settle boundary disputes themselves, often with legal advice and a survey.
- Location is not ownership: if land makes it impractical to build on the line, an award may place the fence partly on either owner's land, and that does not affect who owns the land.
What to do next
Start by confirming the award is final: check the appeal window and when your neighbour received their copy. Then serve the notice to comply, and diarize the two-week period. Contact your municipal clerk about the certification and collection steps, since fees and local by-laws vary.
If the neighbour disputes the property line, or the amounts are large, speak with a lawyer before doing any work. They can review the award, the notice and the registration options with you.
Frequently asked questions
How long does my neighbour have to comply after I serve the notice?
If the notice is not obeyed within two weeks after service, the enforcing owner may do the work the award directs and recover its value. Keep proof of the service date.
Can my neighbour still appeal the award?
An owner may appeal to the referee within fifteen days of receiving a copy of the award, with the prescribed fee, which is $406.05 in 2026. The referee's decision is final.
How do I collect the money if I do the work?
The fence-viewers certify the value of the work. The clerk may place the amount on the collector's roll to be collected like property taxes, or the certificate may be filed with the Small Claims Court.
I built the fence first. Can I use the process to make my neighbour pay?
No. The arbitration process does not apply if an owner has already built, rebuilt or repaired a line fence on their own and then wants the neighbour to share the cost. A lawyer can discuss other options.
Sources
- Ontario.ca – Line Fences Act — ontario.ca
- Line Fences Act, R.S.O. 1990, c. L.17, s. 8(1) — 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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