The Line Fences Act (the Act) is a provincial statute that provides the arbitration of a dispute between two or more neighbours over whether or not a boundary fence should be erected, what type of fence is to be erected and who pays what portion of the cost.
When a dispute between neighbours arises over whether or not a boundary fence should be erected, what type of fence is to be erected or how the cost of the fence is to be shared the Act provides for fence-viewers appointed by Council to make a viewing. Please note the fence-viewers are not permitted to identify where the fence is to be located. They are also not permitted to act if the decision has been made to construct a fence, if holes are dug, or if boundary lines are in dispute or already marked with the string.
The process is initiated by contacting the Clerk's Department and obtaining the required Line Fences Application Form. On submission of the completed form, the fence viewers will contacted and a date will be set for the viewing.
The fence-viewers in making their determination will talk to the property owners about comments/concerns and take into account the nature of the terrain, the type of fences used in the locality, the benefit to the owners, the suitability of the fence to the needs of the adjoining owners and relevant municipal and provincial legislation.