Can I Take Down a Neighbour's Fence That Is on the Property Line?

A fence on the property line can feel like it is partly yours, especially if it is ugly, damaged or in the way of a project. It is tempting to simply remove it and put up something new.

Before you do, it helps to understand how Ontario treats boundary fences, what process exists for disagreements, and where the risks lie if you act alone.

Who a boundary fence belongs to

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 on the line is a shared concern. Who owns it, and who paid for it, can depend on the facts, so you should not assume that you can remove it just because it is near your side. If the fence is entirely on your neighbour's land, different rules apply, and the Act's procedure does not reach it.

The risks of acting on your own

Removing or replacing a fence without your neighbour's agreement can cause real trouble. Whether any of this applies to you depends on the facts, and a lawyer can help you assess it.

There is also a cost risk. If one owner builds, reconstructs or repairs an entire fence on their own initiative and then asks the neighbour to pay part of the cost, the Act's fence-viewer procedure does not apply. You could end up paying all of it.

Finally, you may not be certain where the line actually is. The arbitration deals only with fence disputes and does not decide where the boundary is, so owners must resolve boundary-location questions themselves.

The formal route when you cannot agree

The Act's procedure applies where owners cannot agree and either no fence exists and one owner wants one built, or a line fence exists and one owner thinks it needs reconstruction or repair. Informal discussion is encouraged first.

You start by asking the municipality to assign fence-viewers using Form 1, Request for Fence-Viewers. Three fence-viewers must be present at the viewing, and they address how the work is apportioned and the description of the fence, including materials. They then issue an award and allocate the costs of the proceeding.

Some municipalities have exempted themselves from the Act by by-law and set costs by by-law instead, so check your own municipality.

If you are unhappy with the result

An owner 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.

A written line-fence agreement in the prescribed form, or an award, can be registered in the land registry office, which can help future owners see what was agreed.

What to do next

• Do not remove anything yet. Photograph the fence and the area around it.
• Confirm whether the fence is on the line, on your land or on your neighbour's, ideally with a survey.
• Talk to your neighbour and try to agree in writing on removal, replacement and cost.
• If you cannot agree, look into Form 1 through your municipality, after checking for a local exemption.
• Avoid building a whole new fence first if you hope to share the cost through the formal process.
• Get legal advice before acting if there is any doubt about the boundary.

Frequently asked questions