Fencing Regulations and Property Line Disputes in Ontario and UK: A Comprehensive Guide
When it comes to building a fence on the property line, especially in jurisdictions like Ontario, there are several legal and practical considerations to keep in mind. This article aims to provide a comprehensive guide on fencing regulations, disputes, and best practices to ensure compliance with local laws and maintain peaceful neighborly relationships.
Can My Neighbor Build a Fence on the Property Line in Ontario?
Yes, your neighbor can build a fence on the property line in Ontario, provided they do so with your permission. Constructing a fence without consent might lead to disputes over property ownership, particularly if the fence is established on your side of the property line over an extended period. To avoid such conflicts, it's essential to address the matter as soon as possible. A direct conversation with your neighbor can often resolve the issue amicably. If that doesn't work, consulting a lawyer is a prudent step to ensure your rights are protected.
Fence Construction Guidelines in Ontario
If you plan to build a fence, it’s crucial to have your real property report in compliance first. This starts by marking the property lines accurately. Contacting a survey company to mark the boundaries can prevent future disputes. Once the lines are marked, you can approach the city’s planning department for a certificate of compliance on a fresh Real Property Report (RPR) after the fence is built. Failing to do so can lead to complications and legal battles, particularly if you apply for a relaxation or waiver.
Key Points:
Ensure accurate marking of property lines by a survey company. Obtain a certificate of compliance from the city planning department. Approach city planning for a fresh RPR after fence construction.Legal Considerations for Fence Positioning
The width of the fence is an important consideration. Even if the fence is only a few inches wide, it has a defined boundary. If the fence is centered on the property line, half of it would technically be on your property, requiring your permission. Typically, if both parties agree to jointly build the fence, they should split the cost and agree to shared maintenance responsibility. This should be formalized in a written agreement.
From a legal standpoint, the fence should be entirely on your neighbor's side of the line to avoid adverse possession issues. However, the city’s ordinance in your area may require a setback of six inches from the property line. For instance, in the city where I live, a six-inch setback from the property line is required unless both parties agree to a shared fence, in which case it can be built on the line. It’s advisable to contact your city's code enforcement to verify the specific regulations.
UK Regulations and Best Practices
In the UK, the form and position of a fence are subject to national and devolved government laws, local byelaws and regulations, and any estate covenants. Unless the boundary marker fence or wall is intended as a shared party wall, it should stand wholly on your neighbor's land. This means that the footings of a brick wall can touch the imaginary property line but should not cross it. The good face of a panel fence should be positioned behind the face of any concrete foundation footing of a fence pole, ensuring the concrete's face does not extend beyond the property line.
A legal presumption is that the good face of a fence points towards the neighbor's property. A party wall, on the other hand, stands on the property line with equal shares of the footprint on both sides. In some estates, mutually imposed covenants might require front gardens to be free of boundary markers to promote cohesiveness and movement of small creatures.
Key Points:
Footings of a brick wall should touch the property line but not cross it. The good face of a fence should not extend beyond the property line. Party walls stand on the property line with equal shares on both sides. Considerations for front gardens may vary based on estate covenants.Conclusion
The construction and positioning of a fence on the property line are complex issues that require adherence to local laws and regulations. Whether in Ontario or the UK, obtaining the necessary permissions and understanding the legal frameworks are crucial steps to avoid disputes and ensure compliance. By taking proactive measures and maintaining open communication with your neighbors, you can build a fence that respects property boundaries and fosters a good neighborly relationship.