Ontario Line Fences Act: What It Says and How It Works

A fence on the line between two properties can turn into a long argument. One neighbour wants a new fence, the other thinks the old one is fine, and nobody agrees on who pays. Ontario has a specific law for this situation, the Line Fences Act, and it works through your municipality rather than the courts.

This article explains in plain words what the Act covers, where it does not apply, and how the process runs from the first notice to the award and any appeal. It is general information, not advice on your own dispute.

What the Line Fences Act covers

The Act gives owners of neighbouring properties in most of Ontario a way to settle disputes about fences on the boundary line, using fence-viewers appointed by the municipality. It covers only fences on a boundary line.

The arbitration process applies only when the 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.

There is an important exception. If one owner has already built, rebuilt or repaired a line fence on their own initiative and then wants the neighbour to share the cost, the arbitration process does not apply. The Act also does not decide where the property line is. Owners must settle boundary line disputes themselves, often with legal advice and a survey.

Where the Act does and does not apply

Every local municipal council must pass a by-law appointing as many fence-viewers as it needs, and that by-law also sets their pay. A municipality may, however, decide that the Act does not apply to all or part of the municipality, and in that case the Act (except section 20) does not apply to the land covered by the by-law. So the first practical step is to ask your municipality whether the Act applies to your address.

• Condominiums: for land in a registered condominium, the condominium corporation, not the individual unit owner, is treated as the owner.
• Public highways: the Act does not apply to land that is a public highway.
• Unopened road allowances: fence-viewers may divide one equally between the neighbouring owners, but only with council approval.
• Unorganized territories: where there is no municipality, the Ministry of Agriculture, Food and Agribusiness handles fencing dispute arbitration.
• Crown land: an award cannot make the Crown responsible for more than one-half of the fence.

How the process runs, step by step

An owner starts by notifying the clerk of the local municipality on the prescribed form, 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. The clerk may postpone it, 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. When deciding, 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 described in the award must comply with it.

Fence-viewers may decide only how the work is divided between the owners and the description of the fence to be built, including its materials. They also split the costs of the proceeding between the owners. The award goes on the prescribed form and is signed by any two of the fence-viewers. It is deposited in the municipal clerk's office, and the clerk sends certified copies to the owners.

After the award: appeals and enforcement

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

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 clerk may have the certified amount collected like property taxes, or the certificate may be filed with the Small Claims Court. Once registered, an award or certificate becomes a charge on the land it affects.

What to do next

• Ask your municipal clerk whether the Line Fences Act applies to your property and whether any winter scheduling by-law exists.
• Confirm where the boundary actually is; the Act will not settle that, and a survey may be needed.
• Try to agree in writing first; neighbours can use Forms 14 and 15, and the agreement can be registered and enforced like an award.
• Keep photos, quotes and any messages with your neighbour.
• Mark the fifteen-day appeal deadline the day you receive an award.
• Speak with a lawyer if the boundary itself is in doubt or the award affects your title.

Frequently asked questions