A line fence is a fence that marks the boundary between two adjoining properties. The Line Fences Act is not intended to resolve boundary line disputes. It provides a procedure for resolving disputes concerning the type of fence and how costs of fencing work are shared between property owners.
See the Line Fences Act.
The act applies when:
- No line fence currently exists and one owner wants a new fence constructed on the boundary line between the two properties
- A line fence currently exists and one owner wants to reconstruct or repair it
The act does not apply when:
- 1 owner has constructed a new line fence or reconstructed/ repaired an existing line fence and then wants to use the arbitration procedure to force the other owner to pay part of the cost of completed work
- There is a boundary line dispute
Starting the Procedure
If two adjoining owners are unable to reach an agreement on the construction, reconstruction or repair of a line fence, either owner may initiate the arbitration procedure by submitting an application to the municipality. Tenants are not eligible to submit applications.
Before submitting an application, you should:
- Attempt to reach agreement with the adjoining owner
- Discuss the matter informally with municipal staff
- Make sure the act is applicable to both properties and that the boundary between the two properties is not in dispute
Download the application package, complete and submit the application and fee to Property and Real Estate Services.
Fence Viewing and Award
If the Act is deemed applicable, fence-viewers will be assigned to conduct a fence viewing. The fence-viewers will prepare their decision, which the Act calls an "award". The award must include:
- The location of the fence to be built/ reconstructed
- A description of the fence to be built/ reconstructed
- The division of responsibility
- Starting and completion dates
- Allocation of costs of the proceedings
An owner who is dissatisfied with the award can appeal within 15 days of receiving a certified copy of the award from the municipality.
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