Welcome to our article to know ‘who pays for fence between neighbors’. And RESCUES YOU from paying unnecessarily for a fence.
There are times when you may be FORCED by a ROTTEN neighbor to pay for the fence that doesn’t even belong to you!
So, how-to-save-yourself-from-this?
One thing we are going to learn here are fencing laws between neighbors in Ontario. This will give clear insight on who is responsible for paying and WHO IS NOT!
You will learn when the fence doesn’t belong to you and when it does (IN CASE IT WAS BUILT ALREADY BEFORE PROPERTY PURCHASE!)
After reading our blog you can rest assured that you won’t be blamed for the FENCE FAULT next time!
Line Fences Act : Fence Law in Ontario
Knowing the legal acts for fences solves your fence issues before turning them into big disputes with your neighbors. (** cue bring those gloves in **)
These issues generally happen in the abutting properties meaning properties-with-common-boundaries!
One related term to this act is Line Fences.
They are the fences marking the boundary between neighboring properties. (Ref. Line Fences Act | Ontario.ca)
So what the heck Line Fences Act is?
Line Fences Act is a procedure for resolving disputes between the owners of adjacent properties in most areas of Ontario.
This Act DOESN’T deal with those disputes of fences which are not on the boundary line.
Arbitration of fencing is given by the Ministry of Agriculture, Food and Rural Affairs in Ontario’s unorganized territories. (Ref. Line Fences Act | Ontario.ca)
When does this arbitration process take place? It applies in two situations when owners are unable to reach on any agreement:
- When there is no previous fence built at the boundary between the property. And one of the owners wants them to build a new fence for marking the boundary.
- When a line fence is already there and one owner wants it to be reconstructed or repaired. (Ref. Line Fences Act | Ontario.ca)
Here comes the FENCE VIEWERS!
Fence-Viewers are assigned by the municipality on the demand of the owner for resolving the dispute by issuing a decision. This issued decision is called ‘award’.
They can be appointed by someone who has broad knowledge besides the municipality.
Three fence-viewers are needed to be there for viewing the fence. BUT they are assigned only for one or both of the following issues:
- Responsibility of apportionment for the fence work between the adjacent owners.
- Description of the fence that is to be constructed or reconstructed on the boundary line plus the material used (Ref. Ontario.ca)
When the viewing is done. Fence-viewers issue an award and divide the cost among the owners.
When this Act DOESN’T APPLY?
This arbitration procedure does not apply when:
- One owner has constructed a new line fence on their own and then wants to demand the cost of money from the adjacent owner (neighbor).
- The arbitration procedure is for dealing with DISPUTES OF FENCES ONLY. It is not for determining the boundary line between the adjacent properties.
You must be wondering what if I don’t have time or money for this??
Answer-is-simple!
You can approach a municipal staff member or the other owner for INFORMAL DISCUSSION!!
This will save both your time and money. As formal viewing REQUIRES YOU TO PAY (plus related charges!)
Who Pays For Broken Fences Between Neighbors?
There is a saying that good fences make good neighbors!
What-happens-between-neighbors-when-there-are-broken-fences?
CLASH. DISAGREEMENT. CONFLICT.
When the fence is in repair condition, WHO IS RESPONSIBLE??
Who pays for broken fences? Simple. Who owns it!
BUT there are still some issues in who pays and who owns fences.
This happens even when the owner of the fence is clearly known. Ignorance of property boundaries or who the fence belongs to, these situations makes it even more difficult.
Determining who the fence belongs to is quite EASY.
Your fence belongs to YOU when it falls inside your property. How to know that the fence is falling inside your property? Check your documents for which boundary you are responsible for.
In case it is not mentioned there. Look for the T-mark on your property. It can be used as the boundary. If there is an H-shaped-mark (which is two T’s joined together!) running across the boundary. Then both of the neighbors are responsible.
In case you have a VIOLENT NEIGHBOR who tried to destroy your fence property (in jealousy of course!)
Clearly YOUR NEIGHBOR IS RESPONSIBLE for paying this time!
Can Your Neighbor Make You Pay for Half of the Fence?
Your neighbor cannot force you to pay for half of the fence legally! Especially when the fence is not in your property area. And it doesn’t belong to you!
We have already elaborated the conditions in the Line Fences Act : Fence Law in Ontario Part above.
Which Side of Fence is Your Responsibility?
Finding out which side of your fence is your responsibility is very EASY! Thing is there is no side of the fence to own but the whole fence!
First, find out who is the owner of the fence? (Look at the section: Who Pays For Broken Fences Between Neighbors?)
Second, if you are the owner, then clearly you are responsible for it. If not, then your neighbors are responsible.
Third, if the fence lies at the boundary of your property- Both of the adjacent neighbors are responsible for it.
Conclusion
In this article we tried our best to resolve your queries around ‘Who Pays For Fence Between Neighbors’. We gave you tips and direct solutions on how you can save your money (& time!) when facing fence issues.
You will not regret spending your time here with us at any point, stay assured! We believe in real talk, no nonsensical information which doesn’t even help.
If you are tired of finding ways to install or reinstall fences at your home you will be amazed at the results after applying our knowledge.
But professional help is always best in regards to trying to-do-all-things-on-your-own. Geo Land provides best experts and affordable fence services, so contact us for a free consultation today!
