How Does the Line Fences Act Work?
The Township of Tiny Council appoints a minimum of three (3) fence viewers by by-law to settle disputes where a property owner desires a new fence on the boundary line or when a property owner wishes to repair an existing fence. The Fence Viewers will examine the premises and, if required by either adjoining owner, will hear evidence and may interview the owners and the witnesses under oath. A decision will then be made as to the style, location and cost sharing between the neighbours.
The applicant must first approach the abutting neighbours in the form of a letter, keeping a file copy, indicating that they wish to construct a fence on the boundary line and ask for a response by a specific date. It is recommended that a copy of the Frequently Asked Questions document (provided below) is attached to your letter, so that the individual can make an informed decision. If the response is negative, then application can be made at the Township of Tiny Office.
There is a $200 application fee which must be submitted with the application. Additional costs include:
- Fee for fence viewer service = $50 / per fence viewer
- Mileage for fence viewer
- Cost of fence (half of cost or as determined by fence viewers)
Once the application has been received, a notice will be sent to all parties indicating a date and time for the Fence Viewers to arbitrate. Upon arbitration, an award will be made and a copy forwarded to each property owner involved. The remainder of the process is specified within the Fence Viewer's award. If an owner is dissatisfied with the Fence Viewer's Award, an appeal may be made within fifteen (15) days from the date of receipt of the award.
No arbitration, proceeding, attendance or re-attendance shall be scheduled between November 1 and March 31.
For your convenience, we have provided a list of frequently asked questions on this matter. Please follow the link below.