Neighbour built fence on my property Ontario

Can my neighbor built a fence on the property line? (2021

Put it on the line. Ideally, a new fence between two properties should be located on the boundary, enabling each neighbour to own half of the fence and share the maintenance and replacement costs equally. A property survey plan is necessary to accurately show the boundary location. Each neighbour can examine their own plan and, for rectangular. A few years ago, my neighbors built a wooden fence around their home. We've always had a great relationship. But my wife and I just realized that their fence was built three feet onto our property. The neighbors don't actually use those three feet, but now we can no longer access them Have your neighbor agree to acknowledge your property right. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence. My neighbor knocked out the fence then build a wall on the boundary of my garden and his garden but at the same time broke the boundaries and build the wall on land . at no time did he inform me that he was going to knock down the fence and build the wall there .from what know is that he was suppose to build the wall 3feet from the boundary.this happen about 15 years ago what I like to know is. the neighbour's property? That's not legal - you can't encroach. And don't assume that an existing fence is in the right place if you go to replace it. A survey may show that it was built a lot farther inside the property line than it should be. And property lines aren't always straight

You still have to live at the property and share a boundary with your neighbor. It is worth noting that a boundary fence is the responsibility of both you and your neighbor. If you insist on it being moved you will have to pay at least half the cost and you may damage your relationship with your neighbor forever We'll sort of There is a law called the Line Fences Act that requires that two property owners must share the expenses of erecting or repairing a fence on the boundary between two properties. It was enacted to resolve disputes between farmers ov.. Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it.Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. Depending on where you live, they may also need a permit from the city, and supervision of its construction by.

A neighbor built a fence like 6 inches off the property line like 8 years ago. He never took care of my side. I take care of it. for 3 years I've put my pile of wood (for the fireplace) up to/close to the 4×4 studs and he brings up that I can't do that 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 Zoning by-laws cover issues such as how close to a property line a house or other structure may be built. Fence viewers have prescribed procedures for assessing the costs and aesthetics of new fences when neighbours are in dispute. Beyond this owners must resolve their differences privately My neighbor is putting up a fence that will encroach on my property. I cannot get my lawn equipment in and out my back gate nor can I maintain my property on the side of my house. Our houses are set back at different points. I did ask him many years ago if he wanted to go in on half the fence between our property but he declined

Line Fences and the Law in Ontario Ontario Federation of

For instance, if you'd like to put up a fence and would like your neighbour to pay part of the cost, make sure he agrees to do so before you start building it, says Berenbaum. If he agrees to. If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a quiet title action, while the second. It's a good fence, but 100 feet of it was built on my property line in about 2001. I moved in in 2004, and the existing neighbors told me about it. I saw no point in having the fence torn down because it is a few inches on my side of the property line. Now the fence is getting old As long as it's not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way. If you can't come to an agreement, you can hire a mediator or a solicitor to help

Fences and neighbours People's Law Schoo

Good fences make good neighbors, right? That's what the poet Robert Frost said, at least. But what if a fence (or a tree or another property line issue) leads to an argument with your neighbor? Most neighbor disputes over property lines are easily resolved. Some, though, can turn ugly Sections 6 to 8 - Height Restrictions - Residential Property Section 6. Subject to Section 5, on residential property no person shall erect a fence or cause a fence to be erected that is higher than; one metre (1 m) in height in a yard, front; two hundred and thirteen centimetres (213 cm) in height in any yard other than a yard, front. Section


  1. Spite fences are typically made of metal or wood, but they can also be made up of trees or shrubs. If your neighbor constructs a spite fence, possibly making the neighborhood look terrible and calling attention to the property, what should you do? Consider Resolving the Underlying Neighbor Issue. A spite fence does not fall from the clear blue sky
  2. Q: If I pay to erect a wooden privacy fence entirely on my property to enclose my backyard, can the neighbors who border the four sides of my fence pain
  3. The easement gives each of you the right to drive from the street to the garage or parking space on your own property. Neither neighbour can block the driveway, either permanently or temporarily. You can't build a fence on the property line. You can't park your car in the driveway unless and your neighbour both agree to this
  4. If the fence is 100% on your property the answer is NO. Not knowing what they are trying to attach to your fence makes it a little hard to give a full answer. But let's say that your neighbor is a nice person and say that the section closest to th..
  5. Local bylaws often control how high a fence can be, both natural fences, including hedges, and those built of wood, stone, or other materials. If your neighbour builds a fence higher than the bylaw allows, you can talk to them about it. You can also call the city, which can order the person to obey the law
  6. I have a couple of quick questions about property lines and fences. This morning, a neighbour started putting fences, but the holes are on the property line. First of all, I am not sure their measurement is correct or not, and they say the owner says it is OK to put the fence on the property line as she talked to her lawyer
  7. Use It or Lose It: Property Owners and Fence Lines. by: Jane M. Myers, Esq. Good fences do not always make good neighbors. A landowner can lose or gain land by a legal concept known as adverse possession. This is a legal principle whereby land may be acquired by someone other than the record owner if certain conditions exist for a period.

Line Fences Act Ontario

What to Do if a Neighbor Builds a Fence on Your Property

My neighbor destroyed my fence with premeditation to install his plastic one on mine property without my consent and told to the people who was doing the installation that he paid for the vandalized, lien to the workers.I requested him to show me the invoice,he just turn on back and left to his home.This person did a sneaky manoeuvre , he had a fence that was separated by a passage 3 feet wide. ***Problem***: My first problem is that I feel encroached upon by my neighbor. Second, my fence is now 15 years old. I want to put up a new fence. However, my neighbor is on my property and has their fence attached to my fence. This is what prompted me to get a land survey just to make sure I know where my property line is

Building a fence - Protect Your Boundarie

  1. If the fence is on your property line and the neighbor does not use it then you would be responsible. How High Can My Fence Be? Check your local bylaw, but most laws limit the height of your fence to 6' on the side yard and 4 feet on the front. What is interesting is that natural fences made of fences and bushes may apply to the bylaw
  2. If you suspect your neighbor is building without a permit, you can conduct an online building permit search in your area. You can also contact your local government to report this. If your neighbor didn't obtain a permit, an inspector will request to stop the project until a permit is in place. Before hastily reporting a neighbors you suspect.
  3. The area of tort law that usually applies to fences is trespass, or more accurately - the civil tort of trespass to property. For instance, if a fence is built not on the property line - but actually strays onto a neighbouring property (and does so without any other legal justification) then the neighbour can both sue for damages in trespass.
  4. Sometimes access to a neighbour's land is necessary in order to repair or make additions to your property. It may be for something as simple as standing on the neighbour's land to paint your building, or it may be as high impact as bringing heavy equipment across the neighbour's land or the excavation of a shared walkway

Neighbor Built Fence Over the Property Line

Step 1. Determine ownership by occupancy if the fence lies between or directly on the property line. Whoever uses the land up to the fence is considered the owner. If you have grass and mow the area directly up against the fence but your neighbor allows the weeds to grow on his/her side, then you own the fence by occupancy. Advertisement What is a 'dividing fence'? A dividing fence is a fence built to separate two pieces of adjoining land. It may or may not be located on a common boundary. It does not include a retaining wall. In general, both you and your neighbour are equally responsible for the building and maintenance of a dividing fence. My property does not have a. A fence encroachment can occur when you discover a fence was built or is being built on your land. Here is what to do if that happens: Existing fences: Upon consulting a survey plan or property deed, you discover that a fence was built on your land by a current or past neighbor, and not along the property line as you thought Fence built by neighbour puts Aurora resident in a jam. Marnee Buckles turned to the Town of Aurora for help, but left empty-handed. The longtime Wells St. resident has approached the town during. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators.

What Can You Do When Your Neighbor's Fence is on Your

Atkinson says the neighbors offered to replace the existing fence and pay her $5,000. A recent appraisal found the disputed property is worth $30,000. My mother never made an agreement for them. 2. Check your insurance to see if the damage is covered under the terms of the policy. If not you could always ask your neighbour to check their insurance to see if they have cover for the damage. 3. If a neighbour's child causes damage to your property then probably the best remedy is mediation. Although you can sue for damages if the child. Answered on Mar 07th, 2013 at 1:48 PM. As long as the fence is completely on your property, you can put it up without needing your neighbors permission. If the existing fence is on both your properties, you would need your neighbors permission to take it down. If he does not give the permission, then build yourself a new fence right in front of. One man's fence can be another man's hideous eyesore. The general rule that applies in most jurisdictions is you do not need permission from a neighbor to build a fence on your property. However, if the intended position of your fence strays onto your neighbor's land, it's a different story. He would have the right to refuse to allow any part.

What Happens If a Neighbor Builds a Fence Over My Property

  1. Our subdivision was built five years ago and there is a backyard swale (a very shallow channel) that drains each of the residential lots. My neighbour has filled in the swale on their property and has built a garden shed on it
  2. How to Settle Property Line Disputes. What if the disputed property line involves more than just the driveway? What if your neighbor has built a fence that touched your property line? Or perhaps, a shed, whose roof extends to your side of the property? As mentioned, property lines can easily cause disputes between neighbors
  3. Fences. Fences are regulated by the City of Ottawa's Fence By-law. The By-law states that no person may erect a fence taller than 1 metre in a front yard and 2.13 metres in any other yard in a residential property. There are also regulations that govern the size of gates, archways and decorative caps
  4. The encroachment by my neighbor consists of feeding water runoff onto my property by a directed hose and pump, cutting six of my trees off at the trunks, pushing dirt and stones onto my property with a backhoe vehicle, and excavating 3.5 feet into my property. He claims he is not using my property as your definition (fences, shrubbery) indicate
  5. Property Line and Fence Laws in Oregon: Major Issues. One major issue that arises between neighbors in fence disputes is whether both parties are equally responsible for the costs of maintaining and repairing a fence that is located on the property line between the adjoining properties
  6. Agree with all of this! I did the same and thought it would be a major problem but we talked to our surrounding neighbors and built the fence pretty well within the last property lines and made sure that neighbors that regularly visited with each other could still walk behind the fence to other houses (think of it as a 6-pack and I'm in the middle, facing another house with a fence)

The easement that exists on my property was for access to the neighboring property.Over time, the neighboring property acquired its own private lane way. Now due to the need to have a fence for some privacy and to reduce the temptation for traffic to use my neighbors guests to exit through my lane way , I would like to have the easement lifted Then 10 years later a new neighbour moves in and says, 'Hey buddy, that fence is on my property,' then it becomes your problem. It will pay off in the long term if you ask an expert. There would now be two fences along the boundary. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land

Fence Height Rules. Often, 6 feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. In the front yard. When traffic sight distances are impaired. In the case of the exceptions noted above, the fence can be no higher than 3 1/2 to 4 feet Fence disputes between landowners are to be resolved by town fence viewers. You can also sue your neighbor for private nuisance if they build a spite fence on their property. In New York, a spite fence is one that exceeds 10 feet high and was built to block your enjoyment of light or air If you own the wall or fence. Look at the legal documents for your home. They might say you have to keep the wall or fence that you're disagreeing about in a good state of repair. You should also check if the wall or fence is safe - if it isn't, your neighbour or the council could take action against you

Peterborough City-County Health Unit: 705-743-1000. If the tenant has control of the thermostat but is still unable to get the temperature to reach a minimum of 70F/21C due to faulty or missing equipment, then the Building Division is the appropriate authority to contact. Home and Property For example, if you want to decrease the intrusion of the hedges into your yard, you could agree to cut back the limbs that extend in your direction. Your neighbor, however, can choose to allow.

Legally, you're in limbo—tree-trimming on private property is not regulated by the city, meaning it's purely a civil matter between you and your neighbour. Morally, I say splitting the bill. An encroachment takes place when a structure intrudes on or is built on someone else's property. Common encroachments include fences, storage sheds, garages, additions to houses, and the like. In cottage country areas, encroachments can include pump houses, boathouses, guest houses, gazebos, and other similar structures

Print Your responsibility as a fence owner. Dividing fences are a common cause of disputes between neighbours. People often disagree over who pays for the building and upkeep of the fence, or the type of fence needed, particularly when one neighbour wants a fence for a specific purpose, such as to keep a dog.Your legal rights concerning a fence between your neighbour's and your land which. Similarly, you may ask, how far does a septic system need to be from property line? * Your septic system site plan is typically drawn right on top of your property survey showing the septic tank 'setbacks' with tank 5-10 feet from the house, the leach field at least 20 feet from the house, at least 100 feet away from wells and streams, 25 feet away from dry gulches, and 10 feet away from the. In most cases, a fence on your own property that is close to the boundary line is still subject to fence laws. Most courts would recognize that you are flouting the law if you build a 20-foot high fence just inches (or even a few feet) from the boundary line What about using my hedge as a fence? My neighbour built a fence on my property - what can I do? Non-Conforming Fences. If a municipal law enforcement officer receives a complaint regarding a fence violation on your property, you may be served with a notice to make modifications to your fence to bring it into compliance with the Fence By-Law

  1. imum standards for the installation, maintenance and repair of fences and institutes a good neighbour policy where the more attractive side of the fence must face toward the neighbouring property and street. For more information, please visit you local municipality's counter
  2. Squatter's rights. Possessory title. Fence dispute. The Ontario Court of Appeal has written what may well be the final chapter in what I call The Case of the $100,000 Fence. The case involved a dispute over a strip of land between two houses on Johnston Ave. near Sheppard and Yonge in North Toronto
  3. Also, the value of a particular home may often depend to a great degree on the views of the surrounding landscape. In this context, there can be some difficulties if your neighbor has built something in their property such as a fence which interferes with your ability to view your surroundings. Depending on where you live, you may have.
  4. A fence was built by my neighbors 20 years ago. my plat or survey shows the property line extends 120 feet. this fence is approximately 40 feet of the 120 feet. I would like to extend the fence. Can t read more. I have a neighbor who built on his fence (more than ten years ago) 6' on his side of the property line
  5. The most convenient way to uncover who owns the fence between two neighbouring houses and the legal owner of the barrier is with a transfer, title plan, or conveyance deed. If you can't locate it in writing, look for the T-mark on these documents, which if positioned on your side of the fence, indicates right of possession. However, if you.
  6. imum of 15 feet (4.6 metres) inside their property line. (Of course, this rule doesn't apply to all situations. For instance, in narrow channels, or where pie-shaped properties front on a small bay, exceptions must be made.

For example, the neighbor's hedge or fence is encroaching on your property. Attach your survey or plat map highlighting the disputed area. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days Okay, now here is the issue. If you look at my yard from the top view, the neighbor to my right has a wood deck that is about 1 foot higher than my yard. Between all sides of the fences, there is a retaining wall (except for a few select missing and cracked areas which I now believe were deliberate) When neighbors have disputes with each other over fences, the matter may lead to the courtroom with a dispute over the land and perimeter boundaries. It is important to resolve these matters quickly and with a calm demeanor so that costly litigation is not the end result. Fencing disputes are often serious when the property line causes one. One is on the property line, and one is just inside my lot. Back in the mid-90s, the former owner of my house and my neighbours got into a dispute about fence building. Neighbour A wanted to build a nice fence with wood in between fancy stone columns, and Neighbour B and the former owner wanted to build a cheaper fence entirely made out of wood

The Fence Bylaw sets standards for fences in Toronto and includes rules for fence height, material, and structure. These rules vary depending on whether the fence is on residential or non-residential property, where the fence is located on the property and whether the fence encloses a pool. If you have a swimming pool, you must [ I built an extension on a bungalow and didnt need planning permission because I could use my permitted building rights. It was nowhere near any other buildings though so did not impact on anybody. Though it would be well worth a call to your local council as it is impacting on your light and enjoyment of your property In my experience, unless you can get your neighbour to agree to it then you will not be able to erect a fence on their property, alternatives would be to either lose an extra 4 - 6 inches of your drive and build it on your own property or see if you can pursuade them to allow you to build, clear definition of the boundary will help settle any disputes, also a property can not be sold if there.

What Happens if my Neighbor Builds Over the Property Line

By-laws Enforced by Building . For general information on by-laws or to report a violation, contact 311.. If you would like to read a particular City by-law that is not included on this website, please contact Council Services by phone at 519-255-6100, or by email at clerks@citywindsor.ca.. Trouble opening the documents A fence is a barrier that encloses an area or divides all or parts of a property. It can include a hedge, a wall, and/or posts connected by wood, chain link or wrought iron. Hamilton's Fence By-law No.10-142 (PDF, 365 KB) provides the requirements for fences on residential, commercial and industrial zoned properties. You do not need a Building Permit to construct a fence 2. A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line. You mention that the fence post is presumably in their property so even butting up to it would be in their yard. You best option is to ask them to join your new fence to it and get a simple contract to protect yourself Property Right-Of-Ways. A friend of mine is going through a dispute with a neighbor about a right-of-way and I thought it was worth sharing. Many pieces of property have legal right-of-ways that grant access to pieces of property for many reasons. Furthermore, many property owners arean't always aware of the right-of-ways and the significance. current owner who actually built the fence can claim a contribution from the other owner. Sample Letter: Dear Neighbour, I am writing to you about the dividing fence between our properties. I had the fence built six months ago. The cost was $400.00. Enclosed is a copy of the invoice we received from All Day Fencing. I woul

Does my neighbour have to pay for half the fence in Ontario

  1. When a neighbor unlawfully encroaches on your property, you have options depending on the type of infringement. What to Do About Your Neighbor's Boundary Issues. If your neighbor puts their property, a fence, or even an addition to their home on or crossing you property line, then you have a boundary dispute. The first step in dealing with this.
  2. The survey shows our fence as being well within my neighbour's property; a couple of feet actually. The neighbour has only lived there for 3 years, and I've lived here for 25. The legal question of adverse possession or squatter's rights is a fairly complex legal issue that, among other issues will depend on where the property.
  3. The question. My neighbours just installed a lovely fence (on their dime) that I'd like to stain to match our other fence. Do I need to consult my neighbours or is the surface facing my yard fair.
  4. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor's inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question
  5. Krcmar recalls one case where a homeowner asked for assistance after a neighbour decided to take down a fence between their two properties, exposing a retaining wall in need of repair
  6. 2. The wooden f ence between my property and my neighbour's property is old and falling apart. I want to replace it with a steel fence. Can I ask my neighbour to pay half? You should talk to your neighbour and see if you can agree on the type of fence you both want

My neighbour wants a retaining wall

The fence between two properties is on either your property or your neighbor's property; it cannot be on both properties. Consequently, unless there are certain deed restrictions mandating fences to be erected and which spell out responsibilities among neighbors, you are not obligated to fix the fence between your and your neighbor's property Fence Etiquette: Tips to Avoid Neighbor Disputes. One of the biggest considerations to make when planning a fence project is to determine the fencing area for a proper fence installment.. How close you can install a fence to your property line depends on a few factors, including the regulations in the area where you live and your neighbor's opinion on the fence Scott Smith. Scott Royal Smith is an asset protection attorney and long-time real estate investor. His law firm, Royal Legal Solutions, helps thousands of real estate investors and entrepreneurs in all 50 states protect more than $1.2 billion in assets.Since 2014, he has published over 1,000 posts and articles on BiggerPockets and has appeared on hundreds of podcasts Can My Neighbour Build On A Boundary Wall? The short answer is yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. Boundary walls are referred to in the Act as Party Fence Walls. The definition set out for a party fence wall is We're trying to paint our two-story house, but my neighbor has completely fenced in her property. Nearly all of one side of my house isn't accessible without her permission, and there is less.

How Close Can I Put A Fence to My Property Line

If you want your neighbour to contribute to the cost of building a jointly owned fence and they refuse, you can force them to share the cost under the Fence By-law 1 only if you erect a 4 foot high chain link fence. Once the fence is built, your neighbour should contribute to the cost to repair, replace or maintain the fence under the City of. Unfortunately, if the neighbor is acting like this, they have no respect for you. You need to be assertive, and they won't like it. I have lived in my house for 10 years. The neighbor man began mowing into our yard by 20 feet. Easy to see where the property line lay due to our sprinklers being in a row Modern Decks builds vinyl fences for over 500 homes in Ontario every year. Chances are we have built fences in your community. Modern Decks & Vinyl Fences is a leader in the deck and vinyl fence industry in Ontario and we service most of the GTA. As the premier choice for the design and installation of vinyl fences in Ontario, Modern Decks. Built Wright Fencing brings 30 years of experience to the fencing business. A quality fence adds peace of mind and security to your property. We provide a wide range of commercial, residential, and agricultural fencing to clients in Chesley, Grey Bruce Counties, and Midwestern Ontario

Avoiding Fence Disputes - Isenberg & Shuman, Toronto Real

In property law, one way that a landowner may interfere with another's use of her land is by altering how surface water, such as rain or snow melt, drains. A landowner may build a building, pave her land, or alter the contour of the land in a way that increases the amount of surface water that drains onto neighboring property or changes where. How to Install a Fence Next to a Neighbor's Fence. Find your property lines. Call your title company and ask if they have a survey of your property on record. If they can't help, a call to your local city government offices may get your answers. Borrow or rent a metal detector and try to locate the property markers on your own The minimum distance from a building to the property line is called a setback. The distance is specified to secure roads, rivers, and highways. To answer the question, how close can I build to my property line, it is essential to note that the requirement varies in the different states and counties. It also differs according to the nature of.

Frequently asked questions - Protect Your Boundarie

Adjoining landowners are those persons, such as next-door neighbors, who own land that share common boundaries and thus have mutual rights, duties, and liabilities. The reciprocal rights and obligations of adjoining landowners existed at common law but have been invariably altered or expanded by various state laws and court decisions After obtaining a survey, it's discovered that your neighbor actually constructed the fence 3 feet into your side of the property's boundary, and is now entitled to a prescriptive easement. After the required number of years of hostile use have passed (depending on the state), the neighbor can legally acquire a prescriptive easement The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor's property and your property, neither you nor your neighbor owns a side; it's a shared fence responsibility. If the fence falls to one side of the property line, it is wholly owned by the. If a neighbor starts to build on what you think is your property, do something immediately. If the neighbor's encroachment is minor, for instance a small fence in the wrong place, you may think you shouldn't worry. You are wrong: When you go to sell your house, the title company may refuse to issue insurance because the neighbor is on your land However, the best neighbours come with boundaries, and that is exactly why you should know who makes property lines and why you need to know about them. Most people assume that the fence, hedge, or landscaping on the outer edges of a property mark the property lines, but that may not always be the case