fence on property line ontario

If one of the properties is rented, the tenant is responsible for informing the property owner of the notice of the attendance of the Fence-Viewers. Taking legal action against a neighbour will almost certainly strain your relationship — no small matter since you’re living side by side. This can cause conflict, particularly where a fence you built is actually in your neighbour’s yard. You can’t simply impose a shared fence on them. Whether you’re concerned about a neighbour’s fence or planning to build a fence, there can be circumstances that lead you to contact your local municipality. After a delay, Lepp applied to Superior Court to allow him to file a defence to the lawsuit, but he was turned down and ordered to pay $18,000 in costs. Do I have to pay to get rid of it? Before you make a final plan for your fence, consider the nearby trees and plants. Embed People's Law School content on your website. This can be done through an application by petition in BC Supreme Court. This is an offence under the Criminal Code. the suitability of the fence to the needs of each party. In your letter to your neighbour: If you're unable to resolve the matter directly with your neighbour, you could consider mediation. Viewings scheduled between November 1 and March 31 may be postponed due to possible adverse conditions. And it can help preserve a good neighbourly relationship. Describe the type of fence you’re planning, its location, and its estimated cost. In January 2018, Buckles engaged Robert Lepp to assist in her dispute. It is the property … Since Lepp had not filed a defence, the judge ruled that there was no need for a trial and all Duncan had to do was to prove her claim for defamation. The Referee sets the time and place for the hearing. These bylaws set the rules: what materials you can (and can’t) use, how high the fence can be, and so on. Selecting “Community” under Practice Areas can help narrow your search. If not, then the tenant is liable for any costs or damages awarded against the property owner by the Fence-Viewers. Lepp made numerous negative and disparaging comments about Duncan in blog posts, emails and YouTube videos. Buckles objected to the height of the fence, saying it blocked the view from some of her windows. The entire process can take one or two months between the delivery of materials and the hearing. However, if the terrain makes this difficult because of a pond or swamp, the fence may be placed all or partly on one property. If your claim is for less than $35,000, you can bring a legal action in Small Claims Court. Except in a few specific situations, no one is required to build a fence. Learn how to deal with problems involving trees and neighbours. To order Further, where land conditions make it difficult to run line fence exactly along the property line, the LFA permits authorized diversions from that line, even into neighbouring lands: s.8 (4) On the Mediate BC website, you can search for a mediator based on the community you live in and the type of problem you have. The Clerk informs the parties in writing of the date, time and place for the appeal hearing. This route is generally quicker and cheaper than a full legal action. Fences serve many purposes. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty on farmers with livestock to ensure their animals do not stray and damage neighbouring property, including crops. The referee may inspect the actual location of the line fence in dispute. Correction - Oct. 26, 2020: This article was edited from a previous version that mistakenly said the case was heard at the Ontario Superior Court of Justice in Newmarket in May. When Buckles complained to the town of Aurora, by-law inspectors inspected and advised Duncan that the fence was too high but they found no by-law infractions. CivicInfo BC has contact information for municipalities across the province. It can't be electrified. If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees. Each owner is liable to the other for half of any cost reasonably incurred for upkeep and repair. In the search box, type in “fence bylaw [community name]”. If they have a land survey for the property, it’ll show the property line. The Fence Viewers Award will indicate which section(s) of the fence are each person’s responsibility. It is the property owner’s responsibility to ensure they locate the property line accurately. For example, https://www.example.ca. If the fence runs along a property line, property owners on both sides are expected to contribute equally to its upkeep. For the embedded content to appear on your site, you must submit this form. One example where a 50-50 share would not be fair is where one party has special fencing needs, such as a deer farm. After Duncan purchased her house in 2017, she constructed a wooden fence on the property line. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the “property line”). When adjoining property owners cannot agree how to share the construction, repair or maintenance of their line fence, and one owner still wants a fence built or repaired, the one wanting the fence can turn to the dispute resolution process in the Act by contacting their municipal clerk and asking for the Fence-Viewers. If, in building a fence, you want to do something that isn’t allowed under the local bylaws, you can seek a relaxation of the rules. Most cities and towns in BC have local bylaws that determine the kind of fence you can put up. Neither can take it down without the other’s permission. To order copies of Many cities and towns in BC have local bylaws requiring property owners to maintain their fence in good repair. the nature of the terrain where the fence will be located. This copy is for your personal non-commercial use only. The judge found the fence was legal and did not constitute a nuisance or trespass. Appeals are held locally, often in the municipal offices. If I were to build a fence six inches into my property, can my neighbour now use the six inches on the other side of my fence for their... Is there a rule about how close a fence can be to a neighbour’s house? My neighbour wants to upgrade it. Under BC law, either neighbour can apply to court for a resolution. To be clear, if you want to build a fence along the property line, you must consult your neighbour. There are rules on where a fence can be placed. If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. However, if the Fence-Viewers feel an equal share of cost or labour is unfair, they can divide the cost or work or both as they see fit! the benefit to both from having the boundary marked by a fence. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries. For example, fences aren’t permitted across an easement unless they’re specifically allowed under that easement. Often, homeowners are barred from constructing a fence all the way up against their property line to prevent scenarios like this, where a fence accidentally crosses that … The Line Fences Act does address fencing of abandoned railway rights-of-way. This information from People's Law School explains in a general way the law that applies in British Columbia, Canada. You want a fancier fence than is strictly necessary, You haven't tried to reach an agreement with your neighbour, Your property borders land owned by the government, In most cases, you will be responsible for the full cost of the fence, You have damaged a fence — either intentionally or through being negligent, You bear the full cost of repairing or replacing the fence, You make urgently needed repairs to a fence, In most cases, you can recover some of those costs from your neighbour. Section 7(2) lists the matters the viewers must consider before making their Award. The Line Fences Act does not apply to all fencing situations. Following the appeal hearing, the Referee either affirms, alters, sets aside or corrects any error in the Award of the Fence-Viewers. She found that Lepp accused Duncan of deliberately acting illegally, that his statements suggested she received preferential treatment from the town because of political connections, and that she was a liar. Duncan reduced the height of the fence. That way, you and your neighbour have concrete options to consider. Duncan then sued Buckles and Lepp for defamation. However, the Ministry of Transportation (MTO) takes full responsibility for fences along the 400 series highways. Do I have to pay for any of this? For example, if you’re putting up a fence on a retaining wall or around a swimming pool, you’ll usually need a permit. He continued his online campaign against Duncan. He also launched an online petition signed by at least 300 people. Think of it, therefore, as a last resort. If your property (or your neighbour’s property) is sold, the new owner(s) may incorrectly assume that the fence is on the property line, which could lead to potential problems if not disclosed to them by the seller. In this case, find out who’s responsible for enforcing the relevant bylaw. There may be tree roots that could interfere with your fence — now or in the future. be sure the Act applies to both properties (not all lands are subject to the Act), and most important, be sure the location of the boundary is not the problem; the. to colleagues, clients or customers, or inquire about In rural areas, the owners of adjacent properties must maintain and repair the fence between them, according to this BC law. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. The Award describes the style of the fence to be built, including the materials and completion date. If you’re thinking of building a fence, talk with the neighbours who live in adjoining properties. It's faster yet again, and designed to help parties resolve their dispute collaboratively. If you have issues with a neighbour’s fence — for example, it’s too high or it intrudes onto your property — explain your concerns. (It's hard to argue against, say, a fence intended to keep children safe.) After receiving your complaint, the municipality may inspect the problem and order your neighbour to fix it by issuing a notice of bylaw violation. See our full disclaimer. Available online and by phone. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the “property line”). Finally, the Award states how the work is to be shared and who pays for the work ordered. Legally, this is a type of property easement that is earned by regular use of the property. For instance, if a fence is built not on the property line - but actually strays onto a neighbouring property (and does so without any other legal justification) then the neighbour can both sue for damages in trespass, and/or seek a court order removing the fence. Updated: June 23, 2020. What to do when your neighbour’s noise crosses the line. Sometimes it turns out a fence isn’t on the property line after all. Neighbours may disagree about where a fence can be built, what type of fence to build, or who should bear the cost of building or repairing a fence. Copyright owned or licensed by Toronto Star Newspapers Limited. For more information on the Line Fences Act, click on this link https://www.ontario.ca/page/line-fences-act, contact your local OFA Member Service Representative or OFA’s Guelph Office. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. (Learn about embedding content.). Whether you’re thinking of building a fence or you’re concerned about a neighbour’s fence, the first step is to try talking with your neighbour.

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