Ontario’s Line Fences Act Explained, Does it Apply to You?

What Is the Line Fences Act, in Plain Terms?

In Ontario, the Line Fences Act is a law that provides a process for resolving disputes between neighbouring property owners about boundary fences.

It is most commonly used when:

One neighbour wants to build or repair a fence on the shared property line
The neighbours disagree on the type, location, or cost of the fence
One party believes the other should share responsibility

Instead of the disagreement escalating informally, the Act allows for a structured process, often involving municipally appointed fence viewers, who review the situation and issue a decision.

At its core, the Act is about fairness in building and maintaining a fence that sits on a shared boundary.

Does the Line Fences Act Apply Everywhere in Ontario?

No and this is where things can seem a bit confusing. While the Line Fences Act is a provincial law, municipalities do have the ability to opt out of it.

The biggest example of this would be the City of Toronto, who has chosen not to use the Act. Instead, if neighbours disagree about a boundary fence, they are expected to:

Work it out directly
Use mediation services
Take the issue to civil court if no agreement can be reached

Some municipalities outside of Toronto still use the Line Fences Act and provide access to fence viewers. This means that depending on where you live, there may be a process in place to help resolve fence-related disagreements.

The best way to protect yourself is to not rely on the Line Fences Act and make sure you have a copy of your valid land survey plan before completing any work.

Visit the Protect Your Boundaries Building a fence page for more useful information.

When the Line Fences Act Can Be Used

If the Act is used in your municipality, it can be useful when the issue is strictly about the fence itself.

That includes situations like:

There is no fence, and one owner wants to install one on the boundary
An existing fence needs repair or replacement
Neighbours cannot agree on cost sharing
There is disagreement about what kind of fence is appropriate

In these cases, the process is designed to resolve practical questions: Who pays, what gets built, and where along the boundary the fence should go.

This is where the Line Fences Act is effective.

What the Line Fences Act Does Not Do

This is where many homeowners misunderstand its role. The Line Fences Act does not determine property ownership or legally settle where the true boundary is.

It also does not:

Confirm your exact property line
Override your property deed
Resolve title or boundary disputes
Transfer ownership of land

It assumes there is a boundary between two properties and focuses only on the fence along that line.

Visit our page on page on why Good Fences Make Good Neighbours for more tips and trick on maintaining your fence, and keeping the peace with your neighbours.

When the Act Stops Being Useful

There is a clear point where the Line Fences Act can no longer help. That point is when the disagreement is no longer about the fence, but about the land itself. In these cases, you must involve a land surveyor.

For example:

• One neighbour claims the fence is built in the wrong location
• There is a disagreement about where the property line actually is
• A fence has been sitting in the wrong place for years, and ownership is now being questioned
• One party believes land has effectively been taken or lost

At this stage, the issue moves beyond a “fence dispute” and becomes a boundary or property rights dispute.

When It Becomes a Civil Matter

Once a disagreement involves ownership, encroachment, or competing claims over land, it typically falls outside the scope of the Line Fences Act.
These types of disputes may need to be addressed through:

Civil court
Small claims court, depending on the nature and value of the issue
Legal review involving property title and historical use

This process is more complex, more time-consuming, and often more expensive. It is also where many homeowners wish they had clarified things earlier.

Why This Matters Before You Build

The Line Fences Act is a helpful tool, but only within a specific lane.
It works best when:

The boundary is already understood
The issue is about the fence, not the land

Once uncertainty about the boundary enters the picture, the Act cannot resolve that uncertainty. Understanding this distinction helps homeowners make better decisions before starting a project that seems simple on the surface.

A Practical Way to Avoid the Wrong Process

Before building or replacing a fence, it is worth asking the question:
Are we certain where the property line actually is? If the answer is no, you need to obtain a copy of your land survey plan (SRPR) and confirm your lot lines.