If you plan to place the fence on the property line, you are encouraged to meet with your neighbours to discuss design and cost before constructing a division fence.
Consider the types of fences already in existence in your neighbourhood as well as your ground conditions. Fences can be made from a variety of materials including wood, plastic, metal, wrought iron, concrete, masonry, and chain link (vinyl coated or galvanized steel).
What should I do if I am unable to come to an agreement with my neighbour as to the type of division fence to install?
You have two options:
- Construct the fence so that it is entirely on your property so that you can build the type of fence that you want in accordance with the Fence & Pool Enclosure By-law and any amendments. You will be responsible for the entire cost of the fence and all future maintenance costs.
- Make an application directly to an Ontario Court to resolve your dispute with your neighbour regarding the type of division fence to be installed. Use the Division Fence By-law as a guide.
What should I do if my neighbour and I agree as to the type of division (boundary) fence, but are unable to reach agreement on the sharing of the costs?
If you are unable to come to an agreement with your adjoining neighbour regarding a boundary line fence, our Division Fence By-law sets out a self-administered dispute resolution process for you to follow.
Summary of the Division Fence By-law:
- Send a "Notice of Intent" to your adjoining neighbour by registered mail containing the prescribed information and attachments as indicated in the Division Fence By-law. You must wait the prescribed 14 business days prior to commencement of the division fence construction and follow the procedure precisely if you wish to collect part of the costs.
- If after constructing and paying costs of the division fence, your neighbour fails to pay their share of the division fence costs, you must send by registered mail a follow-up "Notice of Compliance" containing the prescribed information and attachments as indicated in the By-law.
- If 30 days have elapsed after the day of mailing the "Notice of Compliance", you may commence legal action to recover costs of 50% of a basic chain link fence cost or 50% of the actual fence cost, whichever is less. You will be responsible for the balance of the actual cost. You will also be required to compile evidence, complete the summons process and attend the Region of York Provincial Offences Court where your case will be heard.