Fences

A permit is not required to construct a fence in the City of Kawartha Lakes.  Before you start construction on your proposed fence it is advised you educate yourself on the laws and regulations that govern fences in your area.

On this page:

• Frequently Asked Questions
• Basic Fence Building Principles
• Fences built along on Property Lines
• Fence Cost Sharing By-law
• The Line Fences Act and Fence-Viewers
• Trees on property lines
  

Frequently Asked Questions

Do I need a permit to build a fence?

No, unless the fence provides protection to a swimming pool,a permit is not required.  However the City’s Fence By-law contains rules to be followed for the construction of a fence.

How high can I build my fence?

In most residential locations the maximum height of a fence is two meters.  In some locations, such as the Town of Lindsay, the Zoning By-law contains additional rules surrounding the height of fences.  Be sure to check all applicable by-laws associated with your property prior to constructing a fence.

Is a privacy screen considered a fence?

No, they are considered a structure under the applicable zoning by-law and must comply with the appropriate setbacks for your property.  Additional requirements may be found in the City Fence By-law.

How do I find my property lines?

Contact an Ontario Land Surveyor to determine where your property lines are.  There is a cost to obtaining a survey and this is a cost paid by the property owner.  The City does not retain surveys on file.

Who can I contact for assistance in understanding the by-laws?

Fence By-law: Building and Septic Division at buildingpermits@kawarthalakes.ca or ext. 1288

Zoning By-laws: Planning Division at planningadmin@kawarthalakes.ca or ext. 1232

Fence Cost Sharing By-law/Line Fences Act: Clerks Office at Clerks@kawarthalakes.ca or ext. 1341

Basic Fence Building Principles

Residents may build a fence fully on their property or on the property line.

Fully on their property:

• can assume all expenses
• can assume full ownership and responsibility of the fence
• setback from property line is not a requirement, as both neighbours still have the right to build a fence directly on the property line if they prefer
• a neighbour generally does not have a right of refusal in this scenario
  
  

Property line fence:

• costs may be shared by both property owners
• construction should be agreed upon by both property owners

A fence must 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, fences must be:

• Stable;
• Vertical;
• Made of good quality materials;
• Not permitted: barbed wire, razor wire, electrified wire, and non-vinyl coated or powder coated chain-link 
• Constructed and supported in a similar manner for the entire fence;
• Structurally capable of safely supporting its own weight and any load, such as from wind pressure, to which it might normally and reasonably be subjected; and
• Constructed in a manner accepted as good workmanship

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, it is a civil matter. You may need to contact a local land surveyor to locate the property line, or a lawyer who specializes in property law, to understand your rights.

Fences built along on Property Lines

Neighbouring property owners each 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 an agreement on the location of the property line;
• A fence has not already been constructed;
• Materials for the proposed fence have not been 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);

one of two laws may apply to your situation:

• The Line Fences Act
• The Fence Cost Sharing By-law

The location of your property within the City 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);
• Hamlet (smaller villages such as Coboconk, Kirkfield, Oakwood, Pontypool, Sturgeon Point, Woodville, etc.);
• Waterfront (lakeside and riverside locations with significant residential and seasonal development); and
• Development Plan Areas (see the Official Plan 31.12 to 31.22)

The Line Fences Act applies to all other areas not covered by the Fence Cost Sharing By-law listed above. This 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.

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 setback requirement such as 6 inches)
• 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 and Fence-Viewers

The Line Fences Act

The Line Fences Act provides a method to resolve disputes between neighbours constructing a fence on an undisputed property line.

The Line Fences Act cannot be used:

• in urban, hamlet, or waterfront areas in Kawartha Lakes (see Fence Cost Sharing By-law)
• 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
  
  

Fence-Viewers

In Ontario, Fence-Viewers may be used to determine what cost is assigned to each property owner, the type of construction to be used and they issue an Award which outlines these items.   

It is always best to discuss your plans with your neighbour who will share the fence. Explain the type of fence you want and the reasons why you want the fence, to try to resolve the issue in an agreeable manner.

In Rural areas, if a fence cannot be agreed upon, you may initiate the process for requesting the Fence-Viewers to attend the site and make an award. Do not build or purchase any materials for the fence until a resolution has been determined.

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?

In most situations, no.   If a property owner wants a fence to mark the property line, some of the basic principals of the Line Fences Act are: 

• that there shall be a fence
• that there is value and benefit to having a fence to mark one's property line; and
• the cost of which should be shared 50:50 unless to do so would be unjust in the circumstances.

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.

Can my neighbour build a fence on my property without my consent?

Generally speaking, no. You must issue consent to allow your neighbour to build a fence on your property. They may, however, construct a fence where the posts are centered on the property line. In these circumstances, your neighbour may require access to your property to complete the construction of the fence, but your neighbour is not permitted to damage or leave waste on your property.

In rare circumstances, another legal document such as a Line Fences Award, may require a fence to be constructed on your property, but these are rare.

If you and your neighbour do not agree on the location of the property boundary line, this is a civil matter between you and your neighbour, and the municipality will not intervene in these situations. Contact a local Ontario Land Surveyor to determine where your property boundary line actually lies on your property. 

If your neighbour does build a fence on your property without your consent, you should immediately speak to your neighbour. If both parties cannot come to an agreement, you may need to seek legal advice, as this is a civil issue between the neighbours.  Note:  do not remove or destroy the fence until you have come to a resolution with your neighbour. 

Does the municipality send out the Fence-Viewers to determine my property boundary lines?

No, this is a civil matter and may require a legal survey and the advice of lawyers. A fence viewer request cannot proceed if the property line is under dispute. The City does not keep survey records on file.

Does the Line Fences Act also govern the design and construction of fences?

Only with respect to Awards made by the Fence-Viewers in rural areas.  If the Fence-Viewers Award states that a fence is required, the Award must include a description of the fence to be built and materials to be used.

All fences, even those subject to a Fence-Viewers Award, are governed by the City Fence By-law, and in some instances the appropriate Zoning By-law.

The Fence-Viewers Award may also require that a third-party contractor build the fence to avoid further disputes. By putting your dispute into the hands of the Fence-Viewers, you may be forced to construct a more costly fence then you originally estimated. 

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.

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 request form 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?

2026 Fees (subject to annual changes):

• Administration Fee $275
• three Fence Viewer fees at $70 per Fence-Viewer
• three Fence Viewer mileage at the City's prevailing rate

On average the total administration costs can be in the range of $500 to $650.

The responsibility for payment of these fees lies with both of the parties involved. The percentage to be paid by each party is determined by the Fence-Viewers as part of their Award.

The Administration Fee is to be paid by applicant upon filing the request form and may be refunded, in whole or part, if required, by a Line Fences Act Award. If the applicant makes an agreement with their neighbour prior to the fence viewing date, and request to cancel the fence viewing, the City will refund 50% of administration fee paid.

Can I appeal the decision of the Fence-Viewers?

Yes, an owner who is dissatisfied with the Award may appeal. 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.

2026 Fees (subject to annual changes):

• cheque or money order is required in the amount of $406.05 (as of January 2026 and subject to annual changes), payable to the "Minister of Finance"
• City appeal administration fees of $110

To verify the current appeal fee please visit the Ministry of Agriculture, Food & Rural Affairs website.

If you require further information on appealing an Award please call 705-324-9411 extension 1322 or e-mail the Clerks Office.

Trees on property lines

Usually, 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 is on Kawartha Lakes property, or on the property line adjacent to the municipal property, and appears to be dead/dying or has dead branches that could be hazardous, please file a report through Issues and Concerns.

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 permanently 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.