Written Line Fence Agreements With a Neighbour in Ontario

You and your neighbour may already agree that the fence between your properties needs to be built, repaired or replaced, and on how to share the work. A handshake deal is friendly, but it can be hard to prove later if someone changes their mind or sells the property.

Ontario's Line Fences Act offers a way to put the deal in writing so it can be enforced. This article explains how that works, what happens if a neighbour does not follow the agreement, and where the limits are.

What the Line Fences Act allows

The Line Fences Act gives owners of neighbouring properties in most of Ontario a way to deal with fences on the boundary line. An owner of land may build, maintain and keep up a fence that marks the boundary between their land and the neighbour's land.

Neighbours may make a written agreement about a line fence on the prescribed form, which are Forms 14 and 15. The agreement may be registered and enforced as if it were a fence-viewers' award. In plain terms, you get the force of a formal decision without needing fence-viewers to make it for you.

Why an agreement can be the better route

The Act's arbitration process applies only when owners cannot agree and either there is no fence and one owner wants one, or there is a fence that one owner thinks needs repair or rebuilding. If you already agree, arbitration is not really what you need.

An agreement also helps in situations arbitration does not cover. 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. Agreeing on the plan and the cost in writing before work begins avoids that gap.

Removal is another example. An owner who wants to remove a line fence must generally give the neighbour at least six months' notice. A written agreement can record what you both intend so nobody is surprised.

What to settle before you sign

The prescribed forms are the starting point, so use them rather than a home-made letter. Before signing, talk through the practical details.

• Who will build or repair the fence, and who will pay what share.
• The fence description, including materials and general design.
• Whether a local by-law sets fence height or construction rules, since those are set by municipalities and not by one provincial rule.
• Where the fence will sit, and whether you have a survey if the line is in doubt.
• Who will maintain the fence afterward.

When fence-viewers make an award, they must consider how suitable the fence is for each owner's needs, and the fence must comply with any municipal by-law on height or construction. It makes sense to apply the same thinking to your own agreement.

If a neighbour does not follow the agreement

Because a registered agreement is enforced like an award, the award enforcement steps are the model. If an owner does not follow the award, the other owner may serve a notice requiring them to comply. If the notice is not obeyed within two weeks after service, the enforcing owner may do the work directed and recover its value.

Where the work is done to enforce a fence-viewers' award, the fence-viewers certify the value of the work. The clerk may have the certified amount placed on the collector's roll and collected like property taxes. Alternatively, the certificate may be filed with the Small Claims Court and enforced against the owner's goods and land. Exactly how these steps apply to a written agreement depends on your situation, so it is worth confirming with a lawyer.

Once registered, an award or certificate becomes a charge on the land it affects. That is one reason a future buyer may be affected, so it is worth getting advice on registration before you rely on it.

Limits to keep in mind

• The Act does not decide where the property line is. Owners must settle boundary disputes themselves, often with legal advice and a survey.
• For land in a registered condominium, the condominium corporation, not the individual unit owners, is treated as the owner.
• A municipality may pass a by-law that the Act does not apply to all or part of it. The Act, except s. 20, then does not apply to that land, but s. 20 (former railway land next to a farming business) still applies throughout the municipality.
• The Act does not apply to land that is a public highway.
• Fence height and design rules come from local by-laws.

If the boundary itself is uncertain, a signed agreement about a fence will not fix that. A lawyer can explain the options.

What to do next

• Call your municipal clerk and ask whether the Line Fences Act applies where you live.
• Check local by-laws on fence height, materials and any pool or setback rules.
• Confirm the boundary location, with a survey if there is any doubt.
• Get the prescribed forms (Forms 14 and 15) and agree on the details together.
• Ask a lawyer about registering the agreement and how it affects the title to your property.

Frequently asked questions