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A neighbour is putting fence on my property line...

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  • Apr 28th, 2012 6:42 pm
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Deal Addict
Dec 26, 2005
2796 posts
21 upvotes
Mississauga, ON
stuntman wrote:
Apr 28th, 2012 4:37 pm
According to Mcplar's own quoted sections it does (see my post above). The municipality did not pass a by-law regulating the costs of the fence building so the Act applies (at least the part on the building costs)

Let me put it this way:
Do you really think that a common sticky point (who pays for what) between neighbors would be left without regulation?
Well, I just had a look at Ottawa's site. I found a link for the appointment of Fence Viewers, dated 2004, at a cost of $350.00 per arbitration.
http://www.ottawa.ca/calendar/ottawa/ci ... Report.htm
So given that link, unless there has been a more recent change, then I have to agree that Ottawa is still using the Line Fences Act regulation for fence cost sharing.

I know MIssissauga, and many of the municiplaities in the GTA passed separate by-laws to opt out of providing fence viewers.
Division Fences, By-law 0075-04
http://www.mississauga.ca/portal/cityhall/bylaws
Deal Addict
Nov 12, 2006
2968 posts
75 upvotes
CSK'sMom wrote:
Apr 28th, 2012 4:46 pm
OP, have fun living next to these folks for years to come. When this type of stuff happens in new subdivisions, everyone on the street knows that you didn't pay your fair share... Now add you are "upset" that they asked, you declined and they went ahead anyway and you are gonna be the family on the street that gets the stink eye from everyone... :facepalm:
If that ends up being the case......they can try to trump the fence thing with a free BBQ and show that they did it out of principal and not cheapness. Is that cheaper than 1/2 a fence?
Deal Addict
Feb 5, 2009
2072 posts
274 upvotes
Newmarket
Whitedart wrote:
Apr 28th, 2012 4:15 pm

In your case, the neighbour did approach you a week ago, and met resistance to the idea. Their choices were to either go ahead this year, or pursue the provisions of the local division fence by-law and in writing request that you pay a portion of the fence costs this year. It certainly appears they chose to go ahead on their own this year.
Your wife may be upset, but I'll bet your neighbours are also upset at the response they received from you and your wife.


.
To be honest if the first fence discussion happened a week ago then I don't think it's enough time, forget about all the legal bs, but I would think it would be a common courtesy to give poeple enough time to think about it, and to come up with a solution everyone could agree on. After all we all have budgets and priorities, and despite the fact poeple don't want to have a summer without a fence, I would think at least couple of months heads up would be more appropriate than a week.

OP, I am guessing you can attach pvc boards to a wooden post, can't you not? pay your share of the digging/posts and put up whatever fence you want whenever you want.
Deal Addict
Nov 12, 2006
2968 posts
75 upvotes
Whitedart wrote:
Apr 28th, 2012 5:15 pm
Well, I just had a look at Ottawa's site. I found a link for the appointment of Fence Viewers, dated 2004, at a cost of $350.00 per arbitration.
http://www.ottawa.ca/calendar/ottawa/ci ... Report.htm
So given that link, unless there has been a more recent change, then I have to agree that Ottawa is still using the Line Fences Act regulation for fence cost sharing.

I know MIssissauga, and many of the municiplaities in the GTA passed separate by-laws to opt out of providing fence viewers.
Division Fences, By-law 0075-04
http://www.mississauga.ca/portal/cityhall/bylaws

You da man! :)
Deal Addict
User avatar
Feb 14, 2009
2241 posts
135 upvotes
Whitedart wrote:
Apr 28th, 2012 5:15 pm
Well, I just had a look at Ottawa's site. I found a link for the appointment of Fence Viewers, dated 2004, at a cost of $350.00 per arbitration.
http://www.ottawa.ca/calendar/ottawa/ci ... Report.htm
So given that link, unless there has been a more recent change, then I have to agree that Ottawa is still using the Line Fences Act regulation for fence cost sharing.

I know MIssissauga, and many of the municiplaities in the GTA passed separate by-laws to opt out of providing fence viewers.
Division Fences, By-law 0075-04
http://www.mississauga.ca/portal/cityhall/bylaws
stuntman wrote:
Apr 28th, 2012 6:04 pm
You da man! :)

Did you guys read that report from ottawa?

"Subsequently, the former City of Ottawa enacted a Fence Viewers By-law that stipulated that fencing disputes would only be administered under the Line Fences Act in rural areas. The City did not involve itself with fence line disputes that occurred in an urban/suburban setting. Instead, disputes such as these were resolved by the effected property owners without municipal intervention, and where necessary pursued through the civil courts. It was deemed that all costs associated with the dispute and resolution of fence disputes in urban/suburban settings should be more appropriately borne by the property owners and not the taxpayers at large.
After amalgamation, the new City as a matter of policy continued providing fence viewing services in the rural areas of the municipality. However, as per the requirements of the Municipal Act, the City of Ottawa must pass a by-law that specifically states where it will provide this service."
and
"The provisions of this by-law shall apply only to lands in the City zoned agricultural, general rural, rural-agricultural or marginal resource in the applicable zoning by-law of the old municipality or any successor by-law thereto."

So I guess it depends on where the property is located in the city. Unless I'm completely misunderstanding this stuff.
Newbie
Apr 14, 2012
44 posts
6 upvotes
ROCKLAND
Pete_Coach wrote:
Apr 28th, 2012 4:08 pm
Thing is, you said no, not this year. They may have a reason for wanting or needing a fence and went ahead....and they can do that.
Your Wife has no reason for being upset but what is going up because neither you nor she wanted anything to do with it. Your neighbor is not asking you for anything.
Maybe he costed things out and did what he could afford. A PVC fence is very expensive.
Anyway, what can you do? You can put up your PVC fence inside your property and you will not see the pressure treated pine fence anymore.

Disclaimer: I haven't finished reading the whole thread yet. ;)

I have great interest in this issue, as I am in the Ottawa region as well and just bought a newly built home. We want PVC, and we also want to avoid nasty fence disputes. So our plan is to put our fence a few inches on our side of the property line so there's no dispute. Of course, we also have an oversized lot, so losing a few inches or a foot on all sides doesn't upset us. We'd frankly rather pay for the whole thing ourselves than argue and hassle with the five neighbors that share our property lines. (Irregular pie shaped lot means we straddle 3 lots along the back.)

So I agree with the above, if our neighbours erected a fence right on the property line, it wouldn't interfere with our plans as we intend to build our fence entirely within our property.

We're in a township about 15 min east of Ottawa city limits, though, and here you must pull a permit to build a fence - which I'm very glad about, as it hopefully means the city will get involved if any dispute arises.

AFAIK, you owe the neighbor nothing if you didn't agree with the fence and refused to share it. I don't understand why people can't just avoid these issues and build it inside the line. Are a few inches really worth these nasty disputes?!?
Deal Addict
User avatar
Feb 14, 2009
2241 posts
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Scblcb wrote:
Apr 28th, 2012 6:18 pm
Disclaimer: I haven't finished reading the whole thread yet. ;)

I have great interest in this issue, as I am in the Ottawa region as well and just bought a newly built home. We want PVC, and we also want to avoid nasty fence disputes. So our plan is to put our fence a few inches on our side of the property line so there's no dispute. Of course, we also have an oversized lot, so losing a few inches or a foot on all sides doesn't upset us. We'd frankly rather pay for the whole thing ourselves than argue and hassle with the five neighbors that share our property lines. (Irregular pie shaped lot means we straddle 3 lots along the back.)

So I agree with the above, if our neighbours erected a fence right on the property line, it wouldn't interfere with our plans as we intend to build our fence entirely within our property.

We're in a township about 15 min east of Ottawa city limits, though, and here you must pull a permit to build a fence - which I'm very glad about, as it hopefully means the city will get involved if any dispute arises.

AFAIK, you owe the neighbor nothing if you didn't agree with the fence and refused to share it. I don't understand why people can't just avoid these issues and build it inside the line. Are a few inches really worth these nasty disputes?!?
I would recommend when it is time to sell to remember to put in the listing that the fence is NOT on the property line. Most people assume that fences are placed on the property line and both neighbours are responsible for the costs associated.
Newbie
Apr 14, 2012
44 posts
6 upvotes
ROCKLAND
mcplar wrote:
Apr 28th, 2012 6:23 pm
I would recommend when it is time to sell to remember to put in the listing that the fence is NOT on the property line. Most people assume that fences are placed on the property line and both neighbours are responsible for the costs associated.

Hmm, that IS a good point. We have our survey plans on file, though, and certainly that would be part of paperwork if we sold our house. Since PVC doesn't need maintenance, we'll probably be within 4-6" of the line with the fence to allow the footings to also be fully inside the line.

I assume that most of the time PVC fences are erected slightly inside the 'real' line, as it's fairly costly and not the norm....for the sharing neighbor, who does the rest in the usual pressure treated boards, it would look very odd to have only one side PVC, so I imagine most of the time PVC fences aren't shared.

It's important to know precisely where the line is too for things like city easements.
Deal Addict
Nov 12, 2006
2968 posts
75 upvotes
mcplar wrote:
Apr 28th, 2012 6:16 pm
Did you guys read that report from ottawa?

"......... However, as per the requirements of the Municipal Act, the City of Ottawa must pass a by-law that specifically states where it will provide this service."
and
"The provisions of this by-law shall apply only to lands in the City zoned agricultural, general rural, rural-agricultural or marginal resource in the applicable zoning by-law of the old municipality or any successor by-law thereto."

So I guess it depends on where the property is located in the city. Unless I'm completely misunderstanding this stuff.

I did not read the link posted.....(watching toy story) :)

But from what you put you are reading it right.....so the Act applies in some areas and will not apply in others once they get they "pass a by-law that specifically states where it will provide the service".
So the question would be....did they pass that by-law? If they did not they are still stuck with the act. AND what is the out line for that service?

laws suck because they are confusing. :)
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User avatar
Feb 14, 2009
2241 posts
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With that said... if anyone in the future finds this thread and thinks the answer is in this thread...

PLEASE CALL YOUR MUNICIPAL OFFICES and verify with them!
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