- The Line Fences Act covers fences on a shared boundary line, not fences set back from it.
- Its procedure applies only if owners cannot agree and either no fence exists or an existing fence needs reconstruction or repair.
- If you build the whole fence first and then ask for a share of the cost, the fence-viewer procedure does not apply.
- Formal arbitration starts by asking the municipality for fence-viewers on Form 1.
You want a fence on the line between your property and your neighbour's, and you are wondering whether you have to send a formal notice. In Ontario, the first step is usually a conversation and a clear written note. The formal process under the Line Fences Act comes only if you cannot agree.
This article explains how the Act fits in, what a sensible letter to a neighbour contains, and how the fence-viewer process works if talking fails. How this applies depends on your situation, so it is worth confirming the details with your municipality or a lawyer.
When the Line Fences Act applies
The Line Fences 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. A fence you build entirely on your own side, set back from the line, is generally outside it.
The procedure applies only where 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.
Also check your municipality. 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. Whether the Act applies therefore depends on where you live.
Do not build first and ask for payment later
A common mistake is to build, reconstruct or repair the entire fence and then send the neighbour a bill. If one owner does the whole job on their own initiative and then asks the neighbour to pay part of the cost, the Act's fence-viewer procedure does not apply. That can leave you with no formal route to share the cost.
This is why the notice stage matters. Raise the idea before any work starts, put it in writing and keep a record.
What to say in a letter to your neighbour
A letter is not a court document. It is a clear, polite record that you tried to resolve things before involving anyone else. If a municipality later becomes involved, that record helps show what you proposed and when.
- Your name, address and the date, and your neighbour's name and address.
- A short description of the problem, such as there being no fence or the existing fence being in poor repair.
- The location of the fence along the shared line, ideally with a sketch or survey reference.
- What you propose: the type of fence, materials, height and who will do the work.
- How you suggest the cost be shared, with a quote attached if you have one.
- A reasonable date to reply and an invitation to meet or call.
- A statement that you would like to agree on this without involving the municipality.
Deliver it in a way you can prove, such as by hand with a signed acknowledgement, or by registered mail. Keep a copy and any proof of delivery. A lawyer can tell you whether a particular delivery method is enough if a dispute develops.
If your neighbour will not agree: fence-viewers
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.
| Step | What happens |
|---|---|
| Request | The owner files Form 1, Request for Fence-Viewers |
| Notices | The Act's forms include Form 2, Clerk's Notice to Parties, and Form 3, Clerk's Notice to Fence-Viewers |
| Viewing | Three fence-viewers must be present |
| Decision | The fence-viewers issue an award on Form 4 and allocate the costs of the proceeding between the two owners |
At the viewing, the fence-viewers can address only how the fencing work is apportioned between the two owners and the description of the fence, including materials. They do not decide where the boundary is. Owners must resolve boundary-location questions themselves.
After an award, and what to do next
An owner who is dissatisfied with an 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. Only the original award can be appealed. A fence-viewers' award, and a written line-fence agreement in the prescribed form, can be registered in the land registry office.
- Confirm the fence would sit on the boundary line, with a survey if there is any doubt.
- Call your municipality to ask whether it has exempted itself from the Act.
- Talk to your neighbour, then send the written note described above.
- Do not start building the whole fence before you have an agreement.
- If there is no agreement, ask the municipality how to file Form 1 and what notice steps it follows.
- Speak to a lawyer if the boundary itself is disputed or an award has arrived.
Frequently asked questions
Do I have to send a formal notice before I build a line fence?
The Act encourages informal discussion between neighbours first. A written note is a practical way to record your proposal, and the formal process starts with a request to the municipality for fence-viewers if you cannot agree.
Can I build the fence and then make my neighbour pay half?
If one owner builds, reconstructs or repairs the entire fence on their own initiative and then asks the neighbour to pay, the fence-viewer procedure does not apply. How this applies depends on your situation, so it is worth confirming with a lawyer before you build.
Will the fence-viewers decide where our boundary is?
No. The arbitration deals only with fence disputes and does not decide where the boundary is. Owners must resolve boundary-location questions themselves.
How long do I have to appeal an award?
You have 15 days from receiving a certified copy of the award. If it was sent by registered mail, it is deemed received seven days after it is sent.
Sources
- Ontario.ca – Line Fences Act — ontario.ca
- Ontario.ca – Land registration bulletin 79056 — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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