My neighbour and I share a common fence. The fence is falling down and they refuse to pay for any repair costs. What can I do?
A. Under the Ontario Provincial Line Fences Act, both neighbours have a responsibility to share in the maintenance of a common fence. If one neighbour wants to construct, repair or maintain a fence on the common boundary, but is unable to reach agreement with the other owner on (1) the type of fence to be constructed and/or (2) how to share the costs to construct or repair a fence, the Line Fences Act will apply. The City has set up an impartial arbitration process to help resolve disputes, however there are costs involved. If you choose to proceed, Fence Viewers will inspect the properties and the fence, and interview the owners to determine all the issues involved in the dispute. They will follow up with an Award that specifies who will pay for maintenance of the fence, the start and completion date of the work and who will pay the fence viewing arbitration. Appeals of the award can be filed for a fee. For more information see www.toronto.
