According to the Division Fence By-law and the Line Fences Act, neighbours need to share the:

• Basic cost of a new division fence (4 foot chain link fence with minimum construction standards)
• Where the owners of adjoining land have agreed, in writing, to the construction, reconstruction or repair of a division fence, each owner shall construct, reconstruct or repair fifty percent of the division fence and pay fifty percent of the actual cost of such construction, reconstruction or repair unless otherwise provided for in the written agreement.

Start the process

If you'd like to build or repair a division fence, you need to send your neighbour a notice advising of your intent to build or repair a fence. This must be sent via registered mail at least 14 days before the construction or repair of the fence and should include the basic cost of constructing a new division fence.

If you both agree to build the fence, you should enter a written agreement with your neighbour.

Resolving a fence dispute

If one neighbour doesn't pay their cost of the fence, you can:

• Build the fence
• Send a notice to your neighbour within 90 days of completing the fence (you must use registered mail)
• The notice should give your neighbour 30 days to pay their half of the cost

If your neighbour still doesn't pay, you may proceed under the Provincial Offences Act to have a Justice of the Peace enforce the provisions of the by-law. In order to begin this process, you must do the following:

• Pick-up the required forms from the Ontario Court of Justice at 605 Rossland Rd. E. (or 150 Bond St. in Oshawa during COVID-19 closure)
• Complete the Information and Summons and present both documents to a Justice of the Peace for review and consideration
• If the Justice of the Peace is satisfied that the owner has followed the steps outlined in the by-law, the Justice of the Peace may accept the Information and sign the Summons

You're then required to provide the Summons to your neighbour, you will need to contact DRPS and pay for the service of the Summons. The Summons will require your neighbour to appear in court to answer to the legal action.

The matter will then proceed to court where the Justice of the Peace has the authority to award a judgement requiring your neighbour to pay half the costs of the basic fence. Any decision reached regarding a fine is enforceable through small claims court.

If your neighbour still doesn't pay, you'll need to initiate action in a small claims court.