QUESTION
I'm having a dispute with my neighbour over the placement of a fence on our (common) lot line. Is there legislation that will help me solve this dispute?
ANSWER
The Line Fences Act provides a procedure that enables neighbouring landowners to have their fencing disputes arbitrated by municipally appointed fence-viewers.
The procedure is applicable to situations where one owner wants to construct, repair or maintain a fence on a property boundary line, but is unable to reach agreement with the other owner on the type of fence to be erected, the sharing of the costs of the fence, or both of these issues. The statute can be found at http://www.e-laws.gov.on.ca/.
QUESTION
Does the Line Fences Act apply to all municipalities?
ANSWER
The Act does not apply in a municipality or defined area or areas of a municipality where the municipal council has passed a by-law under the Municipal Act. That by-law will set out how the cost of building and maintaining a fence is to be shared between neighbouring landowners.
Even if there is no by-law exempting the municipality from the application of the Act, there may be other lands in the municipality that are not subject to the Act, such as public highways.
You should call your local municipal clerk’s office to find out about these matters.
QUESTION
Does the Line Fences Act also govern the design and construction of fences?
ANSWER
If the fence-viewers are requested to arbitrate and they hold a hearing and make an award stating that a fence is required, the award of the fence-viewers must include a description of the fence to be built and materials to be used. If the municipality has a by-law that sets out the height and description of lawful fences, the description of the fence specified in the award must conform to the by-law.
QUESTION
If the Line Fences Act applies in my municipality, how do I initiate the process?
ANSWER
If neighbouring owners cannot reach an agreement regarding the construction, maintenance or repair of a fence, either owner may initiate the process by applying formally to the clerk of the municipality.
While it is not required by the statute, any person considering this route of arbitration should be satisfied that they have made all possible efforts to resolve the fence dispute before initiating this process.
QUESTION
What can I do if I don't agree with the fence-viewers award?
ANSWER
Either owner has the right to appeal the award within 15 days of receiving a copy of the award. You should consult the clerk of the municipality regarding this process.