Ontario Line Fences Act: Fence Viewers and Awards

When a neighbour refuses to deal with a shared fence, many people assume the only choice is court. In much of Ontario there is a simpler municipal route, using fence-viewers under the Line Fences Act.

This article walks through that route from the first form to the award, the appeal and enforcement. Remember that it applies only where the Act applies, and only to fences on the boundary line.

Starting the process

An owner starts by notifying the clerk of the local municipality on the prescribed form, Form 1, Request for Fence-Viewers. The process is for situations where owners cannot agree and there is either no fence and one owner wants one, or there is a line fence that one owner thinks needs repair or rebuilding. It does not apply if one owner, on their own initiative, has already built, rebuilt or repaired a line fence and then wants the neighbour to share the cost.

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 it to another day, and a municipality may pass a by-law that stops arbitrations from being scheduled between November 1 and March 31. So a request made in the fall may not be heard until spring in some places.

The Act's forms include Form 2, the Clerk's Notice to Parties, and Form 3, the Clerk's Notice to Fence-Viewers.

What happens at the viewing

Three fence-viewers must examine the property. If either neighbour asks, they must also hear evidence. Municipal councils appoint fence-viewers by by-law, and the by-law also sets their pay.

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 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.

If the land makes it impractical to build on the boundary line, the award may place the fence partly on either owner's land, and that location does not affect who owns the land.

What an award says

The award must be on the prescribed form and signed by any two of the fence-viewers. It also states in what proportion each owner pays the costs of the proceeding. An award may name one owner to build the fence and require the other to pay one-half of the costs incurred.

The award is deposited in the municipal clerk's office, and the clerk sends certified copies to the owners. Once registered, an award or certificate becomes a charge on the land it affects.

Fence-viewers may also decide that no award will be made, for example because they lack jurisdiction or the owners ask for none. They must still decide which owner or owners pay the costs of attending.

Appealing an award

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, along with the prescribed fee. An award sent by registered mail is deemed received seven days after it was sent.

• The appeal fee in 2026 is $406.05, adjusted each January 1 by the Consumer Price Index of Ontario.
• Only the original fence-viewers' award can be appealed.
• The Minister appoints the referee, who may set aside, change or confirm the award, and the referee's decision is final.

Because the deadline is short, note the date you receive your copy as soon as it arrives.

If a neighbour ignores the award

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, the enforcing owner may do the work the award directs and recover its value.

The fence-viewers certify the value of the work. The clerk may have the amount placed on the collector's roll and collected like property taxes, or the certificate may be filed with the Small Claims Court and enforced against the owner's goods and land.

Neighbours can also avoid all this with a written agreement on the prescribed form, which may be registered and enforced as if it were an award.

What to do next

• Ask your municipality whether the Line Fences Act applies to your property.
• Keep photos, quotes and any messages with your neighbour about the fence.
• Check any local by-law on fence height and materials.
• Obtain Form 1 and file it with the clerk if talks fail.
• Record the date you receive any award and the appeal deadline.
• Consider a lawyer if the property line is disputed or you plan to appeal.

Frequently asked questions