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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.Originally Posted by stuntman
http://www.ottawa.ca/calendar/ottawa...e%20Report.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
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Apr 28th, 2012 05:15 PM #31
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Apr 28th, 2012 05:16 PM #32If 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? Originally Posted by CSK'sMom
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...
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Apr 28th, 2012 05:23 PM #33To 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. Originally Posted by Whitedart
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. Reply With Quote
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Apr 28th, 2012 06:04 PM #34You da man! Originally Posted by Whitedart
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Apr 28th, 2012 06:16 PM #35 Originally Posted by Whitedart
Did you guys read that report from ottawa? Originally Posted by stuntman
You da man!
"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. Reply With Quote
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Apr 28th, 2012 06:18 PM #36Disclaimer: I haven't finished reading the whole thread yet. Originally Posted by Pete_Coach
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?!? Reply With Quote
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Apr 28th, 2012 06:23 PM #37I 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. Originally Posted by Scblcb
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?!? Reply With Quote
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Apr 28th, 2012 06:27 PM #38Hmm, 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. Originally Posted by mcplar
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. Reply With Quote
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Apr 28th, 2012 06:36 PM #39I did not read the link posted.....(watching toy story) Originally Posted by mcplar
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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Apr 28th, 2012 06:42 PM #40
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! Reply With Quote
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