Fencing and Fence Disputes and Animals/Fowl Running at Large or Trespassing.
The Line Fences Act establishes the rule that if a property owner wants to construct a fence to mark the boundary between his/her property and the neighbouring property, that property owner is permitted to construct a fence on the boundary line. The Line Fences Act does not apply to boundary line disputes. The Line Fences Act provides for an arbitrating procedure to resolve a disagreement between neighbouring property owners when one owner wants to construct, repair or maintain a fence on the boundary line but the other owner is not in agreement on cost-sharing, fence-type being constructed or both. Upon application and payment of fees, appointed Fenceviewers are assigned to resolve disagreements.
For further information about the fence-viewing process, please contact Deputy Clerk Lisa Campion at (519) 855-4407 ext. 248 or email to firstname.lastname@example.org
Duties and Powers of Fenceviewers
Fenceviewers appointed by council are responsible to examine the premises upon application and payment of fees by either adjoining landowner and shall hear evidence and may examine the owners and their witnesses on oath.
The fenceviewers shall make an award respecting the dispute.
The fenceviewers shall:
- describe the location of the fence;
- who shall construct the fence
- the type of construction including the materials to be used;
- the date of completion;
- who shall be responsible for maintaining the fence;
- and shall state the percentage each owner is responsible for