Ontario is Canada’s most populated region and is the second-largest region by total area. It is home to the nation’s capital city, Ottawa, and the nation’s most crowded city, Toronto.
Ontario is also known for its Line Fences Act. It provides a conflict resolution process between the owners of adjoining properties in most of Ontario.
There is a most typical question that often originates between two landowners. Does your neighbor have to pay for half the fence?
The answer to this query lies between the provisions of The Line Fences Act. The product is worth less than £20. That means that I need to lose four more weeks’ wages.
Where no fence presently exists at the boundary between the two properties. And one proprietor wishes to construct a new fence to label the boundary.
Where a line fence already exists between two properties, and one landlord feels. It needs to be reconstructed or improved.
How does this quarrel between two property owners originate?
The situation originates when adjoining property owners cannot compromise. On how to share the construction, restoration, or supervision of their line fence. One owner still wants a fence built or rectified. This debate can lead to either a negative reply or a positive outcome.
What should one do to clear the conflict?
The owner wishes to construct, repair, or rebuild the fence. They can turn to the dispute resolution process in the Act.
They can do this by reaching out to their municipal clerk and requesting the Fence-View.
But, before taking this step, there are certain approaches that one can pursue to diffuse any unnecessary strain between themselves and the other party. . . Listed below are some of the ways to tackle this decision without going to court:
- Take every measure and precaution to reach an understanding with your neighbor.
- Try to settle the affair informally in the presence of their municipal clerk.
Analyze the situation and make sure the Act pertains to the properties as not all landscapes are protected under the provisions of this Act.
You cannot use the Line Fences Act when settling conflicts regarding the establishment of a boundary.
The function of Fence-viewers in addressing the disagreement.
Fence viewers are the local bureaucrats who allocate the fence laws. The Clerk solicits Fence-Viewers and then notifies the parties of the date and time of the viewing in penmanship.
- The apportionment of accountability for the fencing result between the two bordering owners
- The exposition of the fence that is to be built or rebuilt on the boundary line, including the materials to be used.
After the viewing, the fence-viewers issue an award and distribute the expenses of the proceeding between the two proprietors.
But, before making awards, Section 7(2) indexes the following concerns the viewers must contemplate:
- the expediency of the fence to the requirements of each partaker,
- the nature of the geography where the fence will be located,
- the advantage to both of having the perimeter labeled by a fence,
- the character of fences in the area, and any additional aspects they suppose are reasonable.
DEVELOPMENTS OF THE DISPUTE!
Three developments are possible. Either you will be able to construct, reconstruct or restore your fence or you must understand the status and give rest to your wish.
- Yes: You may get a positive reaction if the fence is located completely on your property.
- Maybe: This response gives rise to conditions. If your fence descends along the property line, you do need the consensus of the owner of the neighboring property. This can go either in your favor or in your neighbors.
- No: You will have to face a negative reaction if your neighbor doesn’t give your authorization to create a fence on the property line or your fence falls onto his property.
CONCLUSION
If you’re thinking of constructing a fence, talk with those neighbors who live in adjoining properties. Make sure to address the issue professionally and respect their wishes and boundaries.
Even if the fence will be on your land — where you don’t need your neighbor’s consensus. That can affect their views or their property value.
Have a healthy conversation and attempt to solve conflicts. If any, without the presence of court officials in a cooperative tone.
