Ontario Fence Laws: Height, Location and Who Owns the Fence

Planning a new fence usually raises three questions: how tall can it be, where can it go, and who pays. The answers come from more than one source, and they are not all in the same place.

This article explains the main Ontario rules about fences on a property line, how the Line Fences Act dispute process works, and where to check for the local rules that affect your project.

Where Ontario's fence rules come from

There is no single Ontario rulebook for fences. Municipalities may pass by-laws about structures, including fences, so height and design rules come from your local municipal by-laws. A rule that applies in one town may not apply in the next.

The Line Fences Act is a provincial law that deals with fences on the boundary line between neighbouring properties. It gives owners in most of Ontario a way to settle disputes through fence-viewers appointed by the municipality. It covers only fences on a boundary line.

A local municipality may pass a by-law saying that the Line Fences Act does not apply to all or part of the municipality. Even where a municipality has opted out this way, section 20 of the Line Fences Act, which deals with former railway land next to farms, still applies throughout the municipality. Before you rely on the Act, confirm with your municipality that it applies to your property.

Fence height and design

Because height and design are set locally, the first step is to read or ask for your municipality's fence by-law. No single provincial height limit applies everywhere.

If a municipal by-law sets the height or construction of fences, a fence described in a fence-viewers' award must comply with that by-law. Other local rules, such as permit requirements or rules that apply to particular uses like pools, may also matter. Ask your municipality's building or by-law office what applies to your lot before you build.

Location and ownership of the fence

An owner of land may build, maintain and keep up a fence that marks the boundary between their land and the neighbour's land.

The Line Fences Act process does not decide where the property line is. The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey. If you are unsure where the line runs, a survey is the usual starting point.

In one special case, if the land makes it impractical to build the fence on the boundary line, a fence-viewers' award may place it partly on either owner's land. That location does not affect who owns the land.

Who pays, and how the Line Fences Act process works

The arbitration process applies only when owners cannot agree and either there is no fence on the boundary and one owner wants a new one, or there is a line fence and one owner thinks it needs to be repaired or rebuilt. It 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. So it is wise to try to agree, and to ask the neighbour before you start work.

• An owner starts the process by notifying the clerk of the local municipality on 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, but the clerk may postpone the arbitration to another day, and a municipality may pass a by-law that stops arbitrations from being scheduled between November 1 and March 31.
• Three fence-viewers must examine the property, and if either neighbour asks, they must also hear evidence.
• They may decide only how the fencing work is divided between the owners and the description of the fence, including its materials.
• They must consider how suitable the fence is for the needs of each owner.

An award may name one owner to build the fence and require the neighbour to pay that owner one-half of the costs incurred. The award also states in what proportion each owner pays the costs of the proceeding.

An owner unhappy with the award may appeal to the referee within fifteen days of receiving a copy, and the appeal fee in 2026 is $406.05. The referee's decision is final.

Special cases and what to do next

Two more points are worth knowing. An owner who wants to remove a line fence must generally give the neighbour at least six months' notice. Neighbours may also put a written agreement about a line fence on the prescribed form, and it may be registered and enforced as if it were an award.

• Ask your municipality whether the Line Fences Act applies to your property.
• Get the municipal fence by-law and ask about any permit.
• Confirm the boundary, with a survey if there is any doubt.
• Talk to your neighbour and consider a written agreement.
• Speak to a lawyer if the neighbour disputes the line or the cost.

Frequently asked questions