Neighbour's Fence Is Falling Down: Can I Force Them to Repair It?

A fence that leans, rots or collapses is frustrating, especially when it sits between your yard and your neighbour's and they will not deal with it. You may wonder whether anyone can make them pay their share.

In much of Ontario there is a formal process for exactly this, but it has limits. This article explains how it works, what it cannot do, and what to do first.

When the Line Fences Act applies

The Act gives owners of adjoining properties in most of Ontario a dispute-resolution procedure for fences on a shared boundary line. It does not cover fences that are not on the boundary line.

The procedure applies only where the owners cannot agree and either no fence exists on the boundary and one owner wants one built, or a line fence exists and one owner thinks it needs reconstruction or repair. Informal discussion between neighbours is encouraged first.

Check also whether your municipality has opted out. A municipal council may pass a by-law exempting all or part of its area from the Act and assigning line-fence costs by by-law instead, so whether the Act applies depends on the municipality.

How the fence-viewer process works

Municipalities handle line-fence arbitration, and the owner starts it by asking the municipality to assign fence-viewers using Form 1, Request for Fence-Viewers. In unorganized territories the Ministry of Agriculture, Food and Agribusiness handles arbitration.

Three fence-viewers must be present at a viewing. They can address only how the fencing work is apportioned between the two owners and the description of the fence, including materials.

After the viewing the fence-viewers issue an award and allocate the costs of the proceeding between the two owners.

What the process cannot do

• It does not decide where the boundary is. Owners must resolve boundary-location questions themselves.
• It does not help if you rebuild or repair the entire fence on your own initiative and then ask your neighbour to pay part of the cost, because the fence-viewer procedure does not apply in that case.
• It does not cover a fence that is not on the boundary line.

This is why the order of steps matters. If you spend money on a new fence first, you may lose the ability to use the formal process to share that cost.

Appealing an award and registering it

An owner dissatisfied with the award has 15 days from receiving a certified copy to appeal. An award sent by registered mail is deemed received seven days after it is sent. The 2026 appeal fee is $406.05, adjusted each January 1 by Ontario's CPI, and only the original award can be appealed.

An award, a certificate of default based on it, and a written line-fence agreement in the prescribed form can be registered in the land registry office. Older provincial material cites earlier section numbers, because the Act has since been renumbered.

What to do next

• Take dated photos of the fence and note any safety risk.
• Confirm the fence is actually on the boundary line, using your survey if you have one.
• Talk to your neighbour and, if they agree, put the plan and cost split in writing.
• Check your municipality's website to see whether it has exempted itself from the Act.
• Do not rebuild the whole fence first if you want to use the formal process.
• If talks fail, ask your municipality about Form 1.
• Diarize the 15-day appeal window the moment you receive an award.
• Speak to a lawyer if the boundary location is in doubt or an award is unclear.

Frequently asked questions