Fence Disputes With Rural Neighbours in Ontario: Line Fences Act

A fence along a rural property line can turn into a long-running argument. Maybe the old rail fence is falling down, livestock are getting through, or a neighbour wants you to pay for a new one you never asked for. Ontario has a local, fairly low-key process for this kind of disagreement, and it helps to know how it works before you spend money on materials or lawyers.

This article explains the Line Fences Act in plain language: who can start the process, what fence-viewers do, how costs are usually split, and where the process stops being useful. It is general information, not advice on your particular fence.

What the Line Fences Act covers

The Act starts from a simple idea: an owner of land may construct, maintain and keep up a fence to mark the boundary with adjoining land. The part that causes disputes is the cost. The Act gives owners a way to have a neutral local process decide how the cost of building, repairing or reconstructing a boundary fence is divided.

It is also important to know what the Act does not do. Fence-viewers cannot decide where the boundary is, and the Act does not cover fences that are not on a boundary line. It also cannot be used to force a neighbour to share the cost of a whole fence that one owner built, rebuilt or repaired on their own initiative. In practice, that means you should raise the idea of a shared fence with your neighbour before you build, not after.

How the fence-viewer process works

Each municipal council appoints fence-viewers by by-law, and three of them examine the premises and, if either owner requires it, hear sworn evidence. The steps are set out below.

• An owner asks the municipal clerk, on the prescribed form (Form 1), for fence-viewers to settle how the cost is divided.
• The clerk gives notice to both owners and the occupant.
• The meeting must be no more than 30 days after the clerk is deemed to have received the request, and at least one week after the notice is deemed served.
• The fence-viewers examine the site and hear evidence if an owner requires it.
• A written award, signed by any two fence-viewers, is issued.

A municipality may pass a by-law barring fence-viewing proceedings between November 1 and March 31. A municipal by-law can also exempt part or all of its territory from the Act. In territory without municipal organization, the Ministry of Agriculture handles arbitration. Check with your municipal clerk about how this works locally.

What an award says and how costs are usually split

The written award sets the fence location, description and materials, the completion date and how the costs of the proceeding are split. As a starting point, the default is to divide the fence into equal halves, or to have one owner build it and the other reimburse half the cost.

The fence-viewers may depart from that default if it would be unjust. They consider suitability to each owner's needs, the terrain, the benefit to both owners and local fence styles. That matters in rural settings. For example, a neighbour who only pastures cattle and an owner who wants a decorative fence may not be treated the same way.

Appealing an award

An owner who is dissatisfied with the award may appeal to the referee within 15 days of receiving it. The referee may set aside, alter or affirm the award and award costs, and the referee's decision is final. An award sent by registered mail is deemed received seven days after sending, so the clock can start before the envelope reaches you.

The appeal uses Form 5 with Form 6, an affidavit of service, and the fee is $406.05 in 2026, adjusted each January 1 by Ontario's Consumer Price Index. Because the deadline is short and the decision is final, it is worth getting advice quickly if you are thinking of appealing.

When it is really a boundary dispute, and what to do next

If you and your neighbour disagree about where the line actually runs, the fence-viewers cannot help. Boundary disputes need legal advice and a survey. A lawyer can also explain how an old fence line, long use or a registered title might affect your position, which depends heavily on the facts.

• Talk to your neighbour first and, if possible, put any agreement about the fence in writing before work begins.
• Confirm where the boundary is. If there is any doubt, arrange a survey before you build or request fence-viewers.
• Call the municipal clerk to ask whether the municipality has a by-law that affects the process, such as a winter restriction or an exemption.
• Take photos of the fence's current condition and keep quotes or receipts for repair or replacement.
• If you receive an award, note the date you received it and diarize the 15-day appeal deadline immediately.
• Speak to a lawyer if the real issue is the boundary location, not the fence cost.

Frequently asked questions