The Line Fences Act outlines the process for how municipalities arbitrate boundary line fence disputes between neighbouring property owners.
Resolving a Fence Dispute
If you are in a fence dispute with your neighbour, try to resolve the dispute with your neighbour. If the dispute cannot be resolved, contact the Township of Brock Clerk's Department at 705-432-2355 to make an application for the services of fence-viewers.
Our Fence-viewers will visit the property and issue a decision.
How do I prepare for a Fence-Viewer visit?
Each property owner involved in a fence dispute may present the fence-viewers with information and documentation regarding the need for and potential costs associated with the construction or maintenance of a boundary fence.
The fence-viewers will use this information to make a decision about the division of the costs for construction, repair or reconstruction. This may include a description of the fence to be built and the materials to be used.
When does the Fence Line Act apply?
The Act applies in two situations:
- When an owner wants a new fence to be constructed on the boundary line and no fence currently exists on the boundary line between properties; or
- When a fence already exists on the boundary line and an owner believes that it needs to be repaired or reconstructed.
When does the Line Fences Act not apply?
The Act does not apply in situations when:
- An owner has already built, reconstructed or repaired the fence, and then wishes to use this process to get part of the costs of the work; or
- There is a dispute about the location of the fence, where one or more owners do not believe it is on the lot line.
Boundary disputes must be resolved by the property owners, as municipalities and their fence-viewers have no jurisdiction in this matter.
Role of the Fence-Viewers
- Fence-Viewers are citizens appointed by the Township of Brock to help resolve fence disputes under the Line Fences Act.
- When the Clerk's Department receives an application under the Line Fences Act, a minimum of three Fence-Viewers will attend the neighbouring properties.
- Fence-Viewers will review all documents and materials and make a decision around cost-sharing, materials, and type of fence
Fence-viewing and application costs are determined on an annual basis in accordance with the Township of Brock's Fees By-Law.