Who Pays for a Boundary Fence in Ontario? Six Things to Know About Fence Disputes
I recently appeared as a guest on CTV News to comment on a dispute between two homeowners who were arguing over who should pay for the repair of their boundary fence. This is a common issue.
Here is the short answer. Ontario does not require a fence between neighbouring properties, but when there is one, neighbours usually split the cost of building and repairing it 50/50. If you cannot agree, most Ontario municipalities can send fence viewers under the Line Fences Act to decide who pays. Toronto opted out of that Act in 2018, so Toronto neighbours who cannot agree turn to mediation or the courts. A disagreement about where the property line sits is a different problem, and it needs an up-to-date survey and legal advice.
They say that good fences make good neighbours. I would say that good neighbours make good fences. If you can resolve these issues with your neighbour before escalating them, you can save yourself many headaches. That is not always possible, so here are six things you need to know about boundary fences, and what to do if there’s a dispute.
1. Does Ontario law require a boundary fence?
No. There is no law in Ontario that says there must be a fence between two neighbouring properties. Before you build, check your municipality’s fence by-law, which usually sets height limits, and confirm where the property line is. Our questions to ask when building a backyard deck cover many of the same permit and property line issues.
2. Who pays for a boundary fence in Ontario?
In most situations, neighbours share the cost of a boundary fence on a 50/50 basis. This is the fairest way to move forward, and it is also where fence viewers usually start when they are asked to decide.
3. What if one neighbour wants a more expensive fence?
The more elaborate fence can still go up. The neighbour who prefers the simple fence should pay 50% of what a simple fence would cost, and the neighbour who wants the upgrade pays the difference.
4. Who pays to repair a fence if neighbours don’t agree?
Ontario has a law called the Line Fences Act for this situation. In municipalities that use it, either neighbour can contact the municipal clerk and pay a fee to have fence viewers come out. The fence viewers look at the fence and issue a written decision, called an award, that usually makes each owner responsible for half the work. Depending on the municipality, this could cost up to about $1,500, and the decision can be enforced against both owners, which may leave everyone unhappy. It might be in your best interest to resolve the issue yourselves or to take the matter to Small Claims Court.
Toronto is the main exception. The City opted out of the Line Fences Act in 2018 and no longer sends fence viewers, so Toronto neighbours who cannot agree can use community mediation or go to court.
5. What if you disagree about where the property line is?
Fence viewers cannot decide this kind of dispute. You will likely need an up-to-date survey from an Ontario land surveyor, as well as legal advice, to determine where the correct boundary line is.
Sometimes the problem is an encroachment, which means a fence, shed or driveway crosses onto the neighbour’s land. The fix might be moving the structure, signing a written agreement that lets it stay, or transferring a small strip of land. A title search before closing and a current survey help buyers find these issues before they become their problem.
6. Can a neighbour take your land through squatter’s rights?
In my experience, it is extremely difficult to take anyone’s land through adverse possession, often called squatter’s rights, in Ontario. In most cases, it is not possible at all. Most Ontario properties are now in the Land Titles system, and once land is in that system, a new claim cannot build up no matter how long someone uses it. A claim can only succeed if the person openly and continuously used the land for at least 10 years before it entered Land Titles. Always get legal advice before making, or responding to, any such claim.
The Bottom Line on Boundary Fences
The moral in all of this is to work together with your neighbour and come up with a friendly, mutually beneficial solution, which costs far less than legal fees and stress. If you are buying a home, it is also a good reason to have the survey and title checked before you close. Our file review process explains what we look at and why.
Buying or selling a home with a fence or property line question? RealEstateLawyers.ca LLP can review your survey and title as part of your closing. Get a quote or call toll free at 1-888-876-5529.
Frequently Asked Questions
Can my neighbour make me pay for a new fence in Toronto? No. Toronto does not use fence viewers, so it comes down to agreement, mediation or a court claim.
What if my fence is on my neighbour’s property? Get a current survey to confirm where the line is, then talk to your neighbour about moving the fence or putting an agreement in writing.
This article provides general information only and is not legal advice. For advice about your situation, speak with a lawyer.
