AntoineAsphalt.caProperty line guide
Building a Fence on the Property Line in Ontario
Before building on or near a property line in Ontario, confirm the line from a survey and agree the plan with your neighbour in writing. The Line Fences Act can arbitrate cost sharing where it applies, but it cannot decide where the boundary is. Oakville uses its own Division Fence By-law instead; Hamilton uses the Act; check Burlington's approach with the City.
Before building on or near a property line in Ontario, confirm the line from a survey and agree the plan with your neighbour in writing. The Line Fences Act can arbitrate cost sharing where it applies, but it cannot decide where the boundary is. Oakville uses its own Division Fence By-law instead; Hamilton uses the Act; check Burlington's approach with the City.
This is general information, not legal advice. Fence-sharing rules differ by municipality. Check with your town or a lawyer before you build or ask a neighbour to pay.
How do I find my property line?
Start with your property survey. If you do not have one, or the markers are missing, a licensed Ontario Land Surveyor can locate and stake the line. Fence contractors should build from a confirmed line rather than an old fence, hedge or assumption.
How should I talk to my neighbour about a new fence?
A short conversation before any quote avoids most disputes. Share the layout, height, material and who is paying.
- Walk the line together with the survey
- Agree on height, style and which side faces whom
- Agree on cost sharing and timing
- Put the agreement in writing and both sign it
- Share the utility-locate date and access needs
What fence designs work best on a shared line?
Good-neighbour designs look finished from both sides. Shadowbox and board-on-board fences alternate boards so neither yard faces the rails, and many aluminum and vinyl systems are identical on both faces.
Who pays for a fence between neighbours in Ontario?
Cost sharing depends on where you live.
| Area | Framework | Notes |
|---|---|---|
| Ontario (where it applies) | Line Fences Act | Fence-viewer arbitration for cost disputes; cannot settle where the property line is |
| Oakville | Division Fence By-law 2023-076 | Sets how boundary-fence costs are shared; the Line Fences Act does not apply (except section 20) |
| Burlington | Not confirmed | Check with the City of Burlington |
| Hamilton | Line Fences Act | Fence-viewers appointed under By-law 25-122 |
Does the Line Fences Act apply in Oakville?
No, with one exception. Oakville exempted itself from Ontario's Line Fences Act (except section 20) by passing its own Division Fence By-law, 2023-076. Under that by-law:
- What the neighbour pays: 50% of the "Basic Cost." That means materials plus tax for a standard 1.2 m vinyl-coated chain-link fence. Labour is not included.
- What the building owner pays: everything else, including any upgrade beyond the basic fence.
- If neighbours don't agree: the owner sends notice by registered mail or personal delivery, with at least 3 quotes. Work can start 14 business days later. The neighbour can send up to 3 quotes of their own within 10 business days.
- Damage: whoever causes the damage pays. Damage from a natural disaster is split 50/50. Damage from a tree is paid by the tree's owner.
- Enforcement: through the Provincial Offences Act, after 30 days' notice.
The standard fence in the by-law has 4 cm galvanized posts set in 5 cm of concrete, at least 0.6 m below grade and 3 m apart.
What this means: in Oakville, a neighbour can't be made to split the full cost of a cedar privacy fence 50/50. Their share is capped at half the materials for a basic chain-link fence.
How do fence-viewers work in Hamilton?
Hamilton uses Ontario's Line Fences Act. City By-law 25-122 (June 18, 2025) appoints the fence-viewers.
- Cost to apply: a $300 deposit and a $100 admin fee, paid by the person who applies.
- Fence-viewer fees: $90 per viewer per viewing, plus mileage. Under the Act, three fence-viewers must attend.
- Season: no viewings from November 1 to March 31. A request made in late fall may not be viewed until April.
- Term: the current appointments run for the term of Council, which ends November 14, 2026. Check with the City whether new fence-viewers have been appointed after the 2026 election.
Under the Act (Ontario.ca):
- Fence-viewers issue an "award" that splits the work and cost.
- Appeals must be started within 15 days. The 2026 appeal fee is $406.05, indexed to inflation each January 1.
- The Act doesn't apply if one owner builds first and then asks the neighbour to pay.
- The Act doesn't decide where the property line is.
We have not confirmed whether Burlington uses the Line Fences Act or its own by-law. Check with the City of Burlington.
How do I replace a shared fence?
Treat a replacement like a new fence: confirm the line, agree the design and cost split in writing, and plan removal. If the old fence was not on the line, a replacement is the time to correct it with a survey.
What about trees and roots on the property line?
Trees on or near the line affect post locations. Posts can be shifted, spans adjusted or holes hand-dug to limit root damage. Trees on the line may be jointly owned, so discuss them with your neighbour and check municipal tree rules before cutting roots.
Do I need a utility locate before digging?
Yes. Ontario One Call locates are free and required by law before digging, and should be requested at least five business days ahead.
Frequently asked questions
Can I build a fence right on the property line in Ontario?
Often yes, with a confirmed survey and your neighbour's agreement, subject to local height and zoning rules. Confirm current rules with your municipality before building.
Does my neighbour have to pay half the fence?
Not automatically. Where the Line Fences Act applies, fence-viewers can arbitrate cost sharing. Oakville uses its own Division Fence By-law instead.
Can the Line Fences Act decide where the boundary is?
No. It can arbitrate cost disputes where it applies but cannot settle where the property line is; a surveyor establishes the line.
Do I need a survey to build a fence?
A survey is the reliable way to confirm the line. If none exists, a licensed Ontario Land Surveyor can mark it.
Which side of the fence faces the neighbour?
Agree it in writing. Shadowbox, board-on-board and many aluminum or vinyl designs look finished on both sides and avoid the question.
Is this legal advice?
No. This guide is general information. For disputes, speak with a lawyer or a licensed Ontario Land Surveyor.
Can my Oakville neighbour make me pay half of a new wood privacy fence?
Not under Oakville's Division Fence By-law. The neighbour's share is 50% of the materials and tax for a standard 1.2 m vinyl-coated chain-link fence, without labour.
How much does it cost to call fence-viewers in Hamilton?
The applicant pays a $300 deposit and a $100 admin fee. Each fence-viewer is paid $90 per viewing plus mileage, and three must attend.
Can I get a fence-viewing in Hamilton over the winter?
No. Hamilton holds no viewings from November 1 to March 31.
How long do I have to appeal a fence-viewers' award?
You must start an appeal within 15 days. The 2026 provincial appeal fee is $406.05.
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