Line fences mark the boundary between abutting properties. Section 3 of the Line Fences Act gives property owners the right to build and maintain line fences. Under the Act, property owners are not required to build line fences to mark their boundaries. However, when property owners cannot agree on the construction of a line fence, a review can be requested under that Act which could lead to one or more property owners being obligated to contribute to the construction or maintenance of a line fence.

When the Line Fences Act does not apply

The Line Fences Act does not apply to all fencing situations. Rules may vary depending on municipal by-laws and the types of land in question.

Fence By-Laws

Landowners are advised to check with their municipality if a Fence By-Law is in place. The Municipal Act grants Ontario municipalities the ability to enact a Fence By-Law that may supersede all but Section 20 of the Line Fences Act, which addresses abandoned railway rights-of-way (see below: Abandoned Railway Rights-of-Way).

Institutional Uses

Some properties, such as schools and cemeteries, have their own fencing requirements. Property owners whose lands abut with an institutional or special land use should consult with their municipality or the responsible governmental authority to clarify their duties with respect to fencing.

Livestock

The Line Fences Act never mentions livestock. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty on farmers with livestock to ensure their animals do not stray and damage neighbouring property, including crops.

Roads and Highways

The Line Fences Act does not apply to highways, being defined in the Highway Traffic Act  as “a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.” Under this definition, every public road, regardless the responsible level of government, is considered a “highway.” This term covers the entire width of the right-of-way, from property line to property line, consisting of the travelled portion, shoulders, ditches and up to the property line between the highway and abutting properties.

Fences separating a highway from abutting properties are not cost-shared between the property owner and the road authority. Section 25 of the Line Fences Act exempts public highways from the provisions of the Act, namely its cost-sharing provisions. Fences along the road frontage of farm properties are therefore the responsibility of the landowner.

Fences along Ontario’s “controlled-access highways” are treated differently by MTO. Controlled-access highways are primarily the 400-series of highways, plus the Queen Elizabeth Way and portions of Highway 11. Maintaining adequate fences along these highways is viewed as a highway safety issue; namely keeping pedestrians, bicycles, lower speed motorcycles, other low-speed vehicles, and animals off the right-of-way due to higher vehicle speeds. For Ontario’s controlled-access highways, MTO builds and maintains these fences. They are not built on the property line, but are situated completely within the highway allowance, thereby ensuring that MTO has sole responsibility for their construction, maintenance and repair.

Occasionally, the MTO or a municipality will acquire land from abutting properties to accommodate a highway expansion project. As part of the land acquisition process, either through purchase or expropriation, the abutting owners may be able to obtain a new frontage fence, as part of their settlement.

Federally Owned Land, First Nation Reserves, and Crown Lands

Land that is owned by the federal government, such a military base, is not subject to the Line Fences Act. First Nations Reserves are also not subject to the Line Fences Act. Likewise, the Act does not apply Crown Lands that have not been disposed by letter of patent, deed, or another means.

Railway Lands

The Line Fences Act is silent on whether it applies to active railways. Canada could regulate fencing along active railways, but no applicable regulations exist at this time. However, Canada does have a Railway Right of Way Access Control Policy.

See below (Abandoned Railway Rights-of-Way) for how the Line Fences Act applies to decommissioned or abandoned railways.

When the Line Fences Act applies and how it works

The Line Fences Act applies when adjoining property owners cannot agree how to share the construction, repair or maintenance of their line fence. Property owners may turn to the dispute resolution process in the Act by contacting their municipal clerk and asking for the Fence-Viewers.

Some private property in Ontario is not subject to a municipal authority. Land that is situated in territory without municipal organization is still subject to the Line Fences Act. In this case, the Minister of Agriculture, Food and Rural Affairs, or a future minister with analogous duties, is notified to initiate the process rather than a municipal authority. This matter is discussed in detail in Ontario Regulation 716: Land in Territory Without Municipal Organization.

However, before contacting the municipal clerk or the Minister, landowners should:

• Make every effort to reach an agreement with their neighbour,
• Try to resolve the matter informally with their municipal clerk,
• Be sure the Act applies to both properties (see above: not all lands are subject to the Act), and
• Be sure the location of the property boundary is not the problem; the Line Fences Actcannot be used to settle disputes over the location of a boundary and cannot change lot line boundaries.

When the Fence-Viewers have been requested, the Clerk informs the parties in writing of the date and time of the viewing, usually between 1 week and 30 days after the notice was mailed or sent electronically.

Viewings scheduled between November 1 and March 31 may be postponed due to adverse conditions. The Clerk should brief the Fence-Viewers on the dispute before their site visit. Three Fence-Viewers then meet at the site.  Once on-site, they study the location for the proposed fence or examine the condition of the existing fence. The Fence-Viewers may hear evidence under oath from either party or witnesses. Subsection 8(2) lists what matters the Fence-Viewers must consider before making their Award:

• The suitability of the fence to the needs of each party,
• The nature of the terrain where the fence will be located,
• The benefit to both from having the boundary marked by a fence,
• The nature of fences in the area, and
• Any other factors they believe relevant.

The Award must be signed by two of the three Fence-Viewers present. It will note the location of the line fence, which is usually the property boundary. However, if the terrain makes this difficult because of a natural feature, such as a pond or swamp, the fence may be placed all or partly on one property. If so, the location of the fence does not affect title to the land. If a change to the property line is the desired outcome, property owners may instead seek out their municipality’s consent application process for lot line adjustment. Once issued, the Award describes the style of the fence to be built, including the materials and completion date. If there is a municipal Fence By-Law under the Municipal Act, the Award must conform to it.

Finally, the Award states how the work is to be shared and who pays for the work ordered. It may order each party to build or repair a designated half of the fence or one to do all the work and the other to pay half of the cost. However, if the Fence-Viewers feel an equal share of cost or labour is unfair, they can divide the cost or work or both as they see fit. One example where a 50-50 share would not be fair is where one party has special fencing needs, such as a deer farm. Additionally, property owners should note there is no clear rule in the Line Fences Act to indicate responsibility for future repairs or maintenance. The Fence Viewers Award will indicate which section(s) of the fence are each person’s responsibility.

The Fence-Viewers’ Award can be registered on title through the land registry office, making it binding on the current owners as well as on future owners of the properties. An agreement on cost sharing for a line fence reached without the Fence-Viewers can also be registered on title.

Appealing a Fence Award

A property owner unhappy with the Fence-Viewers’ Award may appeal it to the Referee by notifying his neighbour within 15 days of receiving the Fence-Viewers’ Award, by registered mail, electronically or hand delivery. A copy of this notice and the appeal fee ($390.29 in 2024, note this fee is indexed with inflation) is filed with the Clerk. The Referee sets the time and place for the hearing. Appeals are held locally, often in the municipal offices. The Clerk informs the parties in writing of the date, time, and place for the appeal hearing.

At the appeal hearing, the Referee examines the parties and their witnesses under oath. The referee may inspect the actual location of the line fence in dispute. Following the appeal hearing, the Referee either affirms, alters, sets aside or corrects any error in the Award of the Fence-Viewers. The Referee may order payment of the costs of the appeal, excluding Referee’s fees, by either or both parties. The decision of the Referee may only be appealed to Divisional Court, a costly exercise, on matters of fact or law.

Further details regarding Fence Award appeal protocols are found in Ontario Regulation 363/13: Appeals.

Abandoned Railway Rights-of-Way

The responsibility for fencing abandoned railway rights-of-way has long been a contentious issue. Linear properties, such as a decommissioned right-of-way, are typically many kilometres long, and so property owners may be apprehensive about the cost of fencing these corridors.

As per Section 20 of the Line Fences Act, it is the duty of an abandoned railway right-of-way property owner to construct fencing upon request. However, only specific types of landowners are entitled to a line fence at the abandoned railway right-of-way landowner’s expense. Registered farming businesses qualify to make such a request.

Please see the Fact Sheet on Abandoned Railway Rights-of-Way for additional information related to decommissioned railway lands.

Additional Resources

For more information on line fence matters, consult with the resources below or contact your local OFA Member Service Representative or OFA’s Guelph Office.

• Abandoned Railway Rights-of-Way Fact Sheet
• Farm Registration and Farm Organizations Funding Act, SO 1993, c. 21
• Highway Traffic Act, RSO 1990, c. H-8
• Line Fences Act, RSO 1990, c. L-17
• Ministry of Agriculture, Food and Agribusiness and Ministry of Rural Affairs (OMAFRA, 2024). Home and Community: Line Fences Act.
• Ontario Regulation 363/13: Appeals, under the Line Fences Act (1990).
• Ontario Regulation 716: Land in Territory Without Municipal Organization, under the Line Fences Act (1990).
• Transport Canada (2009). Railway Right of Way Access Control Policy.

Updated January 2025