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Replacing boundary line fence

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  • Sep 2nd, 2018 1:52 am
[OP]
Newbie
Aug 30, 2018
3 posts

Replacing boundary line fence

Hi all, I've read a lot of the fence threads but haven't seen a definitive answer to my question, so posting here. I know fences can be a hot topic...

There is currently a chain link fence on the boundary line between my neighbour and I. It is in perfectly good condition. However, I would like to replace it with a wood fence. I am willing to pay for the full cost of the replacement and disposal of the old fence. Can my neighbour stop me from doing this? Note that I am not looking for any contribution.

I can't put the wood fence just within my property line, because it is so tight to my house - the gate would only be about 2 feet wide. The fence has to be right on the boundary line in order for me to have a 3-4 foot wide gate.

I've called the city, searched far and wide online... and I can't find an answer to this question. Any ideas? Thanks!
11 replies
Deal Fanatic
User avatar
Mar 23, 2008
9739 posts
6130 upvotes
Edmonton
If it was me, I’d just start a conversation with the neighbor to let them know what I’m thinking/wanting to do. See if there’s any objections before I started worrying about worst case scenarios.

C
Member
Feb 20, 2017
296 posts
92 upvotes
Barrie, ON
If you're putting it in the same exact spot shouldn't be issues, I agree with C above I would talk to the neighbour as if the contractor starts putting in the fence and the neighbour doesn't know about it might leave a bad taste.

Might even throw you a few bucks as a wood fence is definitely prettier than a chain link.
Deal Fanatic
User avatar
Oct 16, 2008
6824 posts
1763 upvotes
Maple
OP, you will get a clearer answer by talking to your neighbour. It may be too much, but you can have him/her sign to the agreement.
Deal Fanatic
User avatar
Dec 27, 2009
6804 posts
3969 upvotes
Ottawa, ON
Zombly wrote:
Aug 31st, 2018 2:12 pm
a wood fence is definitely prettier than a chain link.
I don't know if I agree with this. If the neighbour's entire property has the same chain link fence, then I think suddenly having wood fence along the back would look weird. I personally don't have a problem with the new black chain link fences. That is what we have.
Newbie
Oct 15, 2015
15 posts
7 upvotes
Ottawa, ON
First step, get a survey. I know it may seem clear, but I've seen many issues with fences not being where intended.

If the existing fence is on your property, tear it down and replace with your own. If it's on his, don't budge until you have an agreement with him. Generally fencing is never "on a border"; the footings are usually 6 inches inside the property line.

Good luck!
[OP]
Newbie
Aug 30, 2018
3 posts
Hi all, of course "talk to the neighbor"... But it's important to know your rights before you have that conversation.

Fences are very often right on boundary lines in the city.

Still no clear answer here. Guess I'll have to speak with my lawyer.
Deal Expert
May 30, 2005
42407 posts
3089 upvotes
Richmond Hill
kitchenerwoodworking wrote:
Sep 1st, 2018 10:02 am
Hi all, of course "talk to the neighbor"... But it's important to know your rights before you have that conversation.

Fences are very often right on boundary lines in the city.

Still no clear answer here. Guess I'll have to speak with my lawyer.
You're speaking to your lawyer about a fence?

Fences are typically civil matters, they aren't going to give you any good advice.

What does knowing your rights do here? So that if they say no, you'll tell them it's your right to do so, so screw off? That would make great neighbours.

Rights don't matter in this case. The best avenue is to keep convincing them if they say no, but chances are they won't have a problem with it if they don't have to pay for it.
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[OP]
Newbie
Aug 30, 2018
3 posts
They aren't interested in supporting it, and are terrible neighbors. So if I have the right to simply replace it at my expense, that's what I'd like to do and then move on. If I don't have that right, I won't do it. It's that simple.
Banned
Mar 13, 2018
1385 posts
665 upvotes
kitchenerwoodworking wrote:
Sep 1st, 2018 10:15 am
They aren't interested in supporting it, and are terrible neighbors. So if I have the right to simply replace it at my expense, that's what I'd like to do and then move on. If I don't have that right, I won't do it. It's that simple.
Well if you have the right to replace it they would also have right to tear it down and put back a chain link

You already know the answer since you already mentioned if it was entirely on your property you can do what you want. You have the right to talk to your neighbors
Temp. Banned
Dec 19, 2009
3500 posts
1489 upvotes
Gboard2 wrote:
Sep 1st, 2018 10:38 am
Well if you have the right to replace it they would also have right to tear it down and put back a chain link

You already know the answer since you already mentioned if it was entirely on your property you can do what you want. You have the right to talk to your neighbors
If it's joint ownership would the neighbor also have the right to remove the newly built wooden fence and not replace it with anything?
Deal Addict
Mar 14, 2004
2984 posts
369 upvotes
North Etobicoke
kitchenerwoodworking wrote:
Aug 31st, 2018 1:06 pm
Hi all, I've read a lot of the fence threads but haven't seen a definitive answer to my question, so posting here. I know fences can be a hot topic...

There is currently a chain link fence on the boundary line between my neighbour and I. It is in perfectly good condition. However, I would like to replace it with a wood fence. I am willing to pay for the full cost of the replacement and disposal of the old fence. Can my neighbour stop me from doing this? Note that I am not looking for any contribution.

I can't put the wood fence just within my property line, because it is so tight to my house - the gate would only be about 2 feet wide. The fence has to be right on the boundary line in order for me to have a 3-4 foot wide gate.

I've called the city, searched far and wide online... and I can't find an answer to this question. Any ideas? Thanks!
I did this in Toronto but I spoke to both my neighbours (back onto ravine) I told them it would be my costs, if you want to pay some, feel free. One did, he also owned a flatbed that picked up all the lumber. The other that didn't pay, came and helped.

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