The fence saga on our Newmarket property lasted 14 months. I’m documenting it completely because the Line Fence Act is widely misunderstood.
Background: Our existing fence on the north lot line was a deteriorated 5-foot pressure treated fence, installed in 1994. We wanted to replace it with a 6-foot cedar privacy fence. Our neighbour did not respond to two written requests to discuss cost sharing.
Invoking the Line Fence Act: Because the fence is on the boundary line, I initiated the Line Fence Act process by submitting a written notice to the Town of Newmarket’s clerk, citing Section 4 of the Line Fence Act, and requesting Fence-Viewers be appointed.
The town took 6 weeks to schedule the Fence-Viewers’ site visit (two municipal employees, typically the by-law office). Both our neighbour and I were present.
The Fence-Viewers’ award: They determined: the fence should be a 6-foot cedar shadow-box design (neither the cheap board-on-board we wanted nor the expensive board-and-batten our neighbour wanted). Cost sharing: 50/50. They specified a materials allowance and a maximum cost.
Our neighbour’s objection: She disputed the award within the allowed 30-day period, claiming the fence-viewers had not properly assessed the existing fence value. The municipality upheld the award after review.
Construction: We hired a fence contractor. Total cost: $4,800 for 42 linear feet of 6-foot cedar. Our neighbour’s 50% share: $2,400. She refused to pay. We had to file in Small Claims Court to recover the $2,400.
Timeline: From initial contact with neighbour to fence completion and payment recovered: 14 months.
Takeaway: The Line Fence Act works — it produced a binding outcome. But “binding” doesn’t mean “fast” or “easy to enforce.” If your neighbour is cooperative, skip the formal process entirely and just agree on a fence. The formal process is for when they won’t engage.