Good fences do not always make good neighbours. If you are considering building a fence, disputes with your neighbours can be avoided if you follow a few simple steps before you actually start building the fence. This column will examine the rules of building a fence and how you can build a fence without starting a war with your neighbour.

The provincial Line Fences Act serves to help arbitrate disputes over fences. It says that if a landowner wants to build a fence to mark the boundary of its property, it can do so and the neighbour will share the cost of the expense. While you can build a fence on your side of the lot line without your neighbour’s permission, you must still conform to the local rules for fence building. These rules vary from municipality to municipality.

Before building a fence, you should check with the local utilities to determine the location of any buried pipes or cables. Next, you should consider hiring a surveyor to determine the exact boundaries of your lot. Most importantly, however, you should consult with your neighbours to discuss the type of fence you wish to build and how the cost of the fence will be divided.

Interesting issues arise in the event that your neighbour does not wish to pay for a fence or reneges on its previous offer to pay. At that point you should check with your local municipality to see if it provides the services of a Fence Viewing Committee. The role of the committee is to determine what portion of the fence each owner shall construct and maintain. Ultimately, the committee will determine if a fence is warranted, who should build it, what type of fence should be built and who should bear the expense of the fence.

The committee may decide that the cost of the fence should not be split 50/50. The committee will provide each of the parties with a written decision. Each party has the right to appeal the decision to a referee whose decision is final. If a monetary amount remains outstanding, the aggrieved party can register a claim for lien against the title to the neighbour’s title.

There are areas where municipal by-laws take precedence over the Line Fences Act. Depending on the wording in the by-law, there may be a formula that sets out who shall pay for a basic division fence. If you unsure as to which takes precedence (i.e. the Line Fences Act or the municipal by-law) you should check with your local municipal office.

Another important point to remember is that you should not build the fence until the grading of the lot has been finalized. If the grading needs remedial work, you may have to tear down the fence. The grading is usually completed when the sod has been laid.

Finally, and most importantly, you can avoid disputes by speaking with your neighbours at the planning stage. Having the municipality involved will inevitably lead to hard feelings between you and your neighbours. In some cases, the fee for the viewing committee may exceed the amount in dispute.