Fences
If you are planning to build a fence, the information on this page will assist with the various questions you may have and regulations you may need to be aware of.
On this page:
Fences built along on Property Lines
Property owners both have the right to build a fence directly on the property line, as long as it complies with the Fence Construction By-law. As both neighbours have the same right to construct a fence on the property line, this can sometimes cause disputes. The municipality always recommends resolving your dispute between yourself and your neighbour on terms that are suitable to everyone. If a dispute is unavoidable and:
- There is no dispute about the location of the property line (property line disputes are civil matters dealt with by the courts and/or local land surveyor firms);
- A fence has not already been constructed, or materials purchased;
- The proposed fence is not replacing a fence that is generally in a state of good repair; and
- No other legal situation applies (swimming pools, condition of severance, subdivision agreement terms).
then either one of two laws may apply to your situation:
Your property location within Kawartha Lakes determines which law applies to your situation. The Fence Cost Sharing By-law applies to all properties designated in the Official Plan as:
- Urban (Bobcaygeon, Fenelon Falls, Lindsay, Omemee, Woodville);
- Hamlet (smaller villages in Kawartha Lakes such as Coboconk, Kirkfield, Oakwood, Pontypool, Sturgeon Point, etc.);
- Waterfront (lakeside and riverside locations throughout Kawartha Lakes with significant residential and seasonal development); and
- Development Plan Areas
The Line Fences Act applies to all other areas not covered by the Fence Cost Sharing By-law listed above. This typically includes (but is not limited to);
- Agricultural properties;
- Rural or forested properties; and
- Severed residential lots in rural areas
Use the Fence Dispute Mapping Tool to determine which law applies to your property. When the fence is being constructed between two properties that are in the two different regulation areas, the Line Fences Act applies.
More information about both laws and commonly asked questions can be found below:
Fence Cost Sharing By-law
Where a Fence Cost Sharing By-law is in place, it overrides the Line Fences Act. The Kawartha Lakes Fence Cost Sharing By-law is designed to encourage property owners to settle disputes informally, without involving the use of the local government or courts. In summary it provides:
- that an owner may construct a fence directly on the property line (there is no 6 inch setback requirement)
- definitions of what a basic fence is (4 foot coated steel chain-link)
- that unless otherwise agreed, both neighbours are responsible for 50 percent of the cost of a basic fence.
- if one property owner want a higher standard of fence other than a basic fence, that they are 100% responsible for the additional costs
- that without an informal agreement, an owner seeking to share the cost of constructing a new line fence, or reconstruction of a line fence must serve upon the adjoining owner(s) a notice that includes:
- a copy of the cost sharing by-law;
- the date the work is planned to commence;
- copies of 3 estimates received for the cost of the proposed fence;
- an estimate of the basic cost of the proposed fence;
- and a request for payment from the adjoining owner calculated in accordance with this by-law
- that notice must be served at least fourteen (14) days before the commencement of any work or execution of any contract in relation to the work to be undertaken
The Fence Cost Sharing By-law cannot be used:
- in rural or agricultural areas in Kawartha Lakes (see the Line Fences Act above)
- to replace a fence that is in state of good repair
- as a mechanism to solve a property line dispute (this is a civil matter, and may involve a local land surveyor)
- to establish a cost sharing measure for a fence that must be constructed for another legal reason (Swimming pool by-law, severance condition, subdivision agreement)
The Fence Cost Sharing By-law allows residents to resolve disputes on their own terms, and provides procedures for when a neighbouring property owner is unwilling to participate. Read it carefully, and direct any further questions to the City Clerk's Office at 705-324-9411 extension 1322 or email the Clerk's Office.
The Line Fences Act (Fence-Viewers)
The Line Fences Act provides a method for some properties in Kawartha Lakes to resolve disputes between neighbours constructing a fence on an undisputed property line. Fences being built off of the property line are permitted without a neighbour's consent if the fence being constructed is compliant with the Fence Construction By-law or applicable building codes. However, we always recommend that you inform your neighbour prior to the construction of a fence as they may dispute the location of the property line.
Contact the Building and Septic Division for information or questions about constructing a fence compliant with the Fence By-law, by calling 705-324-9411 extension 1288 or buildingadmin@kawarthalakes.ca.
The Line Fences Act cannot be used:
- in urban, hamlet, or waterfront areas in Kawartha Lakes (see the Fence Cost Sharing By-law above)
- to solve a property line dispute (this is a civil matter, and may involve a local land surveyor)
- where a property borders a railway, municipal roadway, or provincial highway
Basic Fence Building Principles
Residents may build a fence fully on their property (for example, 6 inches or more inside of your property line) and assume all expenses, full ownership and responsibility of the fence. This type of setback is not a requirement, as both neighbours still have the right to build a fence along the property line if they desire to mark the boundary line. A neighbour who does not want a fence along the property line generally does not have a right of refusal for their neighbour to construct a fence.
A fence built fully on your own property must still comply with the Fence Construction By-law. To avoid a dispute, it is good practice to inform your neighbour prior to construction in case they dispute where the property line is however, this is not mandatory.
In general, newly constructed fences built on your property, or the property line must be:
- Stable;
- Vertical;
- 2 metres is the maximum height in residential areas
- Made of good quality materials;
- Not permitted: barbed wire, razor wire, electrified wire, and non-vinyl or plastic coated chain-link
- Constructed and supported in a manner commensurate with the design of the entire fence;
- Structurally capable of safely sustaining its own weight and any load to which it might normally and reasonably be subjected; and
- Constructed in a manner accepted as good workmanship in the trades concerned
If you believe your neighbour is constructing a fence in contravention to the Fence Construction By-law (eg: the fence is too tall, the fence is on municipal property, the fence is of poor quality), talk to your neighbour to bring forward your concerns, and if required, contact Municipal Law Enforcement.
If your neighbour is building a fence on your property, this is a civil matter that a municipality will not get involved in. You may need to contact a local land surveyor to demarcate the property line, or a lawyer who specializes in property law, to understand your rights.
Trees on property lines
The municipality does not regulate the trimming of trees or hedges on private property (unless an urgent safety issue has been identified near municipal property).
If the tree in question is dead/dying or has dead branches that could be hazardous, and is on Kawartha Lakes property, or on the property line with the municipality, please file a report with the municipality.
The Forestry Act of Ontario, 1990, also states the following about trees on property lines:
Boundary trees
10 (1) An owner of land may, with the consent of the owner of adjoining land, plant trees on the boundary between the two lands.
Trees common property
(2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.
Trimming a neighbour's overhanging branches:
The municipality always recommends that you discuss this with your neighbour, before hiring a qualified tree expert, or taking on the work yourself.
There are three main points to remember when dealing with trees on adjacent private property:
- You cannot trespass onto your neighbour's property
- You cannot damage your neighbour's property (in this case a tree); and
- You have the right to maintain your property in a safe condition
It is therefore best for property owners to come to an agreement between themselves with respect to trees overhanging property lines. If you are unable to reach an agreement with your neighbour and want to determine your legal rights, you should contact a lawyer. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners.
Frequently Asked Questions
What can I do if my neighbour is not willing to share the cost of a fence on the property line?
It is always best to try to resolve the issue with your neighbour before requesting the Fence-Viewers. Discuss with your neighbour the type of fence you want and the reasons why you want the fence to try to resolve this issue. If a fence cannot be agreed upon, you can initiate the process for requesting the Fence-Viewers to view the site and make an award. Do not build or purchase any materials for the fence until the Fence-Viewers have been contacted.
Can my neighbour refuse me from building a fence along the property line? Can I refuse my neighbour from building a fence along the property line?
Generally speaking, there is no right of refusal. The Line Fences Act has as its core the premise that if a property owner wants a fence to mark the property line, that there shall be a fence; that there is value and benefit to having a fence to mark one's property line, the cost of which should be shared 50:50 unless to do so would be unjust in the circumstances.
This being said, there may be very specific and rare circumstances where building a fence along a property line may violate another municipal by-law, or provincial or federal law. If this is the case, the Fence-Viewers should be informed of the legal situation which would restrict your neighbour from building a fence.
Does the municipality or the Fence-Viewers determine my property lines?
The Fence-Viewers cannot determine the location of the boundary between two properties. This is a civil matter and may require a survey and the advice of lawyers. The City does not keep survey records on file. You may consider contacting a local surveyor to have property lines marked out for you and your neighbour if the property line is in question. If the property lines are in dispute, a Fence-Viewing is not permitted to proceed.
Does the Line Fences Act also govern the design and construction of fences?
A: If the Fence-Viewers are requested to hold a fence-viewing and make an award stating that a fence is required, the award must include a description of the fence to be built and materials to be used. The description of the fence specified in the award must conform to the Fence Construction by-law. The fence-viewers may also require that a third-party contractor build the fence to avoid further disputes.
May I call a Fence-Viewer directly for advice on my situation?
Fence-Viewers do not give advice. If you have questions about the process, please call 705-324-9411 extension 1322 or e-mail the Clerks Office.
If you need advice about a property line dispute, you should contact a lawyer with property law expertise.
How do I get a Fence-Viewer to come to my property?
Forms for initiating the process to request Fence-Viewers to attend are available at City Hall. Complete the form 'Owner's Request for Fence-Viewers - Dispute' and mail or deliver it to:
City of Kawartha Lakes - Clerk's Office
26 Francis Street, P.O. Box 9000,
Lindsay, ON, K9V 5R8
Remember to provide a description of both your property and your neighbours, including the property assessment roll number. Attaching a diagram of the property is very helpful to City staff and Fence-Viewers.
Please Note: Fence-Viewers in Kawartha Lakes may only attend properties located outside of the Fence Cost-Sharing By-law area.
If you have questions about the process, please call 705-324-9411 extension 1322 or e-mail the Clerks Office.
When can Fence-Viewers attend my property?
Once a valid application is received in the City Clerk's Office the Fence-Viewers must attend the proposed fence site within 30 days.
The municipality does not process any fence viewing applications between November 1 and the following March 31, unless authorized by Council.
What does it cost to have Fence-Viewers attend?
The Administration Fee is $275 (as of January 2024 and subject to annual changes), plus three Fence Viewer fees at $70 per Fence-Viewer and mileage at the City's prevailing rate. On average the total administration costs can be in the range of $500 to $650.
Fence-Viewers are required to view and attend the site. The responsibility for payment of these fees is paid for by the parties involved. The percentage to be paid by each party is determined by the Fence-Viewers as part of their award.
The total Administration Fee is to be paid by applicant upon filing Form 1 and may be refunded, in whole or part, if required, by a Line Fences Act Award. If applicant makes an agreement with respondent prior to fence viewing date, but after this administration fee has been paid, the City will refund 50% of administration fee and cancel the fence viewing.
Can I appeal the decision of the Fence-Viewers?
An owner who is dissatisfied with the award may appeal the Fence-Viewers Award. You have fifteen days from the date of receiving a certified copy of the award to initiate an appeal. An award is deemed to have been received seven days after being sent by registered mail. A cheque or money order to cover the appeal fee ($376 as of January 2023 and subject to annual changes), payable to the "Minister of Finance", must accompany the appeal. To verify the current appeal fee please visit the Ministry of Agriculture, Food & Rural Affairs website. Additional City appeal administration fees of $110 (as of January 2024 and subject to annual changes) will also apply. If you require further information on appealing an award please call 705-324-9411 extension 1322 or e-mail the Clerks Office.
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