Prior to July 2006, the City Clerk’s Office administered applications on behalf of property owners, under the Line Fences Act, to apportion the costs of the installation or repair of adjoining fences. Effective July 2006, the City no longer administers these applications. Also, the City is not involved in recouping any of the costs associated.
In place of the arbitration process available under the Lines Fence Act, the City has enacted a Division Fence By-law 172-2006. A step-by-step procedure is outlined on the back of the by-law to assist property owners in reaching an agreement with their neighbours and/or recovering costs associated with the construction of a fence. As per the process, if there is no resolution, the property owner is guided to initiate a prosecution in small claims court.
Additional options available:
The property owner may decide to absorb the full costs of the fence installation and:
- Erect the fence entirely on his/her property. If this is the case, then no part of the fence (including the post holes and posts) may touch the property line and no notice is required to the adjoining owner.
- Erect the fence on the property line. In this case, the owner should notify the adjoining owner of his/her intentions to build a fence on the property line at no cost to the adjoining owner.
For more information, contact the Secretary-Treasurer of the Committee of Adjustment.