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Bulletin information:

Issue Date: December 31, 1979
Legislation: The Line Fences Act and O. Reg. 666/79,

Visit ontario.ca/laws for the Line Fences Act.

Bulletin content:

Where there is a dispute between adjoining land owners regarding the construction or maintenance of a mutual fence, a fence-viewer may be appointed who will arbitrate the dispute and make an award. Section 7 of the Act sets out the matters which can be dealt with in a fence-viewer’s award. (Form 4 – O. Reg. 666/79). Where an adjoining owner fails to comply with the award the fence-viewer can issue a certificate pursuant to Section 12(1).

Section 12(1)(a) provides that a fence-viewer shall prepare a certificate in the prescribed form certifying the default of the adjoining owner and certifying the value of the said work; or

Section 12(1)(b) provides that a fence-viewer shall prepare a certificate in the prescribed form certifying the default of the adjoining owner and the amount payable by him as his share of the costs of the work. The amount set out in the certificate can be collected by the municipality in the same manner as taxes and is “until so collected or otherwise paid, a charge upon the land liable for payment thereof”.

Section 15(1) provides that:

“The award and a certificate made in respect of the award may be registered in the proper land registry office”,

Section 15(2) provides that:

“Registration may be effected by the registration of a duplicate f the award or certificate, or of a copy thereof, verified by an affidavit, together with an affidavit of the execution of the award of certificate”.

Section 16 provides that:

“Any agreement in writing in the prescribed form between owners respecting a line fence may be registered and enforced as if it were an award of fence-viewers”.

Section 22(3) provides that:

“The council of a municipality or a local board may enter into agreements with owners of land adjoining land owned by the municipality or the local board, as the case may be, for the construction, reconstruction, repair, maintenance and keeping up of line fences to mark the boundary of such lands, and any such agreement when reduced to writing in the prescribed form may be registered and enforced as if it were an agreement between owners under section 16”.

The forms referred to above are attached for your information.

Original signed by:

Audrey Loeb Burns, Solicitor