If you own a home in Ontario, chances are you—or someone on your street—has had a disagreement with a neighbour over a fence. Whether it’s about who pays for it, where it goes, or how it looks, fences are one of the most common causes of tension between neighbours. What many homeowners don’t realize is that Ontario has specific legislation designed to help settle these disputes without going to court.

It’s called the Line Fences Act, and if you’ve never heard of it, you’re not alone—even many real estate lawyers don’t come across it often. But it’s a useful piece of legislation that can help neighbours resolve fence issues fairly and cost-effectively.

What is the Line Fences Act?

The Line Fences Act provides a process for resolving disputes between property owners regarding boundary (or “line”) fences. It applies when:

• One neighbour wants to build a boundary fence and the other does not;
• There’s a disagreement over who should pay for building or repairing a shared fence;
• There’s uncertainty about whether a fence is on the property line.

The Act applies only in municipalities that have not opted out of its provisions, so it’s important to check whether it applies in your area. If you are in Ottawa, the Line Fences Act does apply.

How Does it Work?

Under the Act:

• Each property owner is generally responsible for half the cost of a line fence.
• If there’s a disagreement, either party can apply to their local municipality to initiate a “fence-viewing.”
• The municipality appoints three “fence-viewers”—local officials with the authority to inspect the property, hear from both neighbours, and make a binding decision.
• The fence-viewers’ decision can cover whether a fence should be built, what type, and who pays what share of the cost.

Do You Need a Lawyer?

Not necessarily. The process is designed to be accessible to homeowners without the need for legal representation. However, if the situation escalates or involves more complex legal issues, legal advice may still be helpful.

Things to Keep in Mind

• Check local bylaws. Some municipalities have passed their own fence regulations and opted out of the Line Fences Act.
• The Act only applies to boundary fences. Fences built entirely within one property are not covered.
• Title insurance usually excludes fence disputes. Don’t assume your policy will cover legal fees or resolution costs.
• Fence-viewer decisions are enforceable. If one party doesn’t comply, the other can register the award with the court.

Practical Tips for Homeowners

• Talk to your neighbour before starting any fence project—open communication can often prevent disputes.
• Put any agreement in writing, especially when it comes to cost-sharing.
• If a dispute does arise, know that you have options beyond court, including the Line Fences Act process.

For more information on the Line Fence Act and how to use it resolve a dispute with a neighbour, visit the Ontario government website.

Conclusion

Fences might make good neighbours—but only when both sides agree. The Line Fences Act offers a practical solution for resolving disputes and sharing costs fairly. If you’re facing a boundary fence issue, it’s worth learning whether this little-known law could help bring peace to your property line.

Mike D’Aloisio