Verified October 22, 2026. Rules checked against the provincial Line Fences Act guide and the current by-laws for Toronto, Mississauga, Brampton and Oakville.
Short answer: It depends on where you live. Ontario’s Line Fences Act lets neighbours ask the municipality for fence-viewers who decide how a boundary fence is shared, usually half and half. But Toronto, Mississauga, Brampton, Oakville and Caledon have all opted out of that Act. In Mississauga and Brampton, a local Division Fence By-law says that if you cannot agree, your neighbour pays the lesser of half the cost of a basic 4-foot chain link fence or half the actual cost. Toronto’s by-law sets no cost-sharing formula, so you either agree with your neighbour or settle it privately.
How Ontario’s Line Fences Act works
The Line Fences Act is a provincial law that gives neighbours a way to settle disagreements about a fence that sits on the boundary between two properties. It is often called a division fence or boundary fence. The Act only deals with fences on the property line. It does not cover a fence built entirely on one side.
The process applies only when the owners cannot agree and one of two things is true: there is no boundary fence and one owner wants one built, or there is a fence and one owner thinks it needs to be rebuilt or repaired.
The basic process
- An owner (not a tenant) asks the municipal clerk to appoint fence-viewers, using Form 1. The owner has to confirm the boundary itself is not in dispute.
- The viewing must take place no more than 30 days after the request. Both owners get at least one week’s notice.
- Three fence-viewers attend the viewing on site. They consider the needs of both owners, the terrain, the benefit of the fence to each side, other fences in the area and any municipal fence by-law.
- They issue a written award. It describes the fence (length, height, materials), sets a completion date, divides responsibility for the work and divides the costs of the viewing.
The starting point is an equal split. Fence-viewers can change that if a 50/50 split would be unjust. The award can have each owner build half, or have one owner build the whole fence and the other reimburse a share. Owners also pay the fence-viewers’ fees and any municipal administration fee, as the award allocates them.
Appeals and enforcement
An owner who disagrees with the award has 15 days from receiving a certified copy to appeal to the provincial referee. The appeal fee is $406.05 in 2026 and is adjusted every January 1. The referee can set aside, change or confirm the award, and that decision cannot be appealed further, although it can be challenged by judicial review.
If the other owner does not do their part, you give them notice and they have two weeks to comply. After that you may do the work yourself and recover the cost. If they do not pay their share within 28 days of notice, fence-viewers can certify the amount, and you can ask the clerk to add it to the neighbour’s property tax roll or file it in Small Claims Court.
Which GTA cities use the Act?
A council can pass a by-law exempting its municipality from the Line Fences Act, except section 20, which covers old rail lines next to farms. Several GTA municipalities have done this. In those places, there are no fence-viewers, and the city does not settle fence disputes.
| Municipality | Line Fences Act? | Local rule | If you cannot agree |
|---|---|---|---|
| Toronto | No. Exempt under Municipal Code Chapter 447, section 447-2.1 | No cost-sharing formula | Private agreement, or court |
| Mississauga | No. Exempt under Division Fence By-law 0075-2004 | Neighbour pays lesser of 50% of basic fence or 50% of actual cost | Notice of Intent by registered mail, 3 quotes, work 14 days after mailing |
| Brampton | No. Exempt under Division Fence By-law 172-2006 | Same formula as Mississauga | Notice of Intent by registered mail, 3 quotes, work 14 business days after mailing |
| Oakville | No. Exempt under Division Fence By-law 2023-076 | Neighbour pays 50% of basic fence materials and tax; labour excluded | Notice with 3 quotes, work after 14 business days |
| Caledon | No. Exempt under Division Fence By-law 2021-14 | Town process neighbours follow themselves | See our Caledon fence guide |
Elsewhere in the GTA and Ontario, especially in rural townships, the Line Fences Act still applies. If your municipality is not listed, call the clerk’s office and ask whether it uses fence-viewers or has a division fence by-law.
Toronto: no fence-viewers and no formula
Toronto’s Fence by-law states that the Line Fences Act, except section 20, does not apply anywhere in the city. The exemption came out of a 2018 review of the by-law, when the City proposed ending its fence-viewer panels. Before that, Toronto had appointed fence-viewers for each of its four districts.
Unlike Mississauga and Brampton, Toronto did not replace the Act with a cost-sharing by-law. That means no City by-law in Toronto requires your neighbour to pay part of a new boundary fence. In practice:
- Most owners split the cost by agreement, often equally. Put the agreement in writing before work starts, including the fence type, height, contractor, price and how you will pay.
- If your neighbour will not contribute, you can build the fence at your own cost, provided it is on your side of the line or you both agree on a line fence, and it meets Toronto’s height and location rules in Chapter 447.
- If you had a written or verbal agreement and the neighbour does not pay, the usual route is Small Claims Court. Its limit rose to $50,000 on October 1, 2025.
The City’s fence rules still apply to the fence itself, so check heights and pool enclosure rules before you order materials. Our guide to what your neighbour is allowed to build covers other common boundary questions.
Mississauga and Brampton: the Division Fence By-laws
Mississauga’s Division Fence By-law 0075-2004 and Brampton’s Division Fence By-law 172-2006 are almost identical. Both end the Line Fences Act locally and set a formula that applies when neighbours cannot agree. Neither city gets involved in the dispute itself. Mississauga’s fence page says plainly that disputes about the location or price of a fence must be settled between the owners.
If you agree
Any agreement you reach overrides the by-law. You can split the cost however you like. Mississauga offers sample Notice of Intent and Notice of Completion letters you can use even when things are friendly.
If you do not agree
The owner who wants to build or replace the fence must send a Notice of Intent to the neighbour by registered mail. It must include:
- copies of three written quotes for the work;
- a statement that work will start 14 days after the notice is mailed in Mississauga, or 14 business days after in Brampton, and that the owner may ask for a contribution;
- a statement that the neighbour can get up to three more quotes and present them within 10 business days of the mailing date;
- a full copy of the by-law.
How the cost is split
If the cost is still disputed, the neighbour pays 50% of the basic cost or 50% of the actual cost, whichever is less, looking at all the quotes exchanged. The owner who wants the fence pays the rest.
The “basic cost” is the cost of a 4-foot-high steel chain link fence with 1-1/2 inch mesh. So if you want a 6-foot wood privacy fence and your neighbour does not, they only have to pay half of what a chain link fence along the same line would cost. The upgrade is on you.
| Rule | Mississauga (0075-2004) | Brampton (172-2006) |
|---|---|---|
| Notice | Registered mail, 3 quotes, copy of by-law | Registered mail, 3 quotes, copy of by-law |
| Work can start | 14 days after mailing | 14 business days after mailing |
| Neighbour’s quotes | Up to 3, within 10 business days | Up to 3, within 10 business days |
| Disputed new fence | Neighbour pays lesser of 50% basic or 50% actual | Neighbour pays lesser of 50% basic or 50% actual |
| Basic fence | 4 ft steel chain link, 1-1/2 inch mesh | 4 ft steel chain link, 1-1/2 inch mesh |
| City is the neighbour | Owner pays 99%, City 1% | Owner pays 95%, City 5% |
| Does not apply to | Public highways, road reserves, unopened road allowances | Public highways, road reserves, unopened road allowances |
| Other rules | Must also meet Fence By-law 0397-1978 | Must also meet Zoning By-law 270-2004 fence rules |
Breaking either by-law is an offence under the Provincial Offences Act. For collecting an unpaid share, many owners use Small Claims Court. Height, pool and corner-lot rules are separate and covered in our Mississauga fence by-law guide and Brampton fence by-law guide.
Neighbour share calculator (Mississauga and Brampton)
Enter the lowest quotes you have. This applies the Mississauga and Brampton formula for a disputed new or replacement fence. It is an estimate, not a legal opinion.
Example: a $6,000 wood fence and a $3,000 chain link quote. Half of the basic cost ($1,500) is less than half of the actual cost ($3,000), so the neighbour pays $1,500 and you pay $4,500. These are example numbers, not market prices.
Repairs, damage and fallen trees
Once a division fence is up, the Mississauga and Brampton by-laws share ongoing costs this way:
- Routine repairs and maintenance: split equally.
- Damage caused by one owner or their visitors: that owner pays.
- Damage from a natural disaster: split equally.
- A tree falls on the fence: the owner of the land where the tree stood must remove it and repair the fence at their own expense, right away.
Oakville’s by-law has similar damage and tree rules. In Toronto there is no by-law formula for repairs, so the same practical approach applies: agree in writing, or rely on your home insurance and the courts. If a tree on the line is involved, check the tree removal permit rules before anyone cuts it.
Step by step before you build a shared fence
- Confirm the property line. Neither the City nor fence-viewers will decide it. Use your survey, or hire an Ontario Land Surveyor to stake the line if there is any doubt.
- Check the fence rules. Height, materials, corner lots and pool enclosures are set by your city’s fence by-law or zoning by-law, not by the cost-sharing rules.
- Talk to your neighbour first. Share quotes, agree on the style and height, and decide who hires the contractor.
- Put it in writing. A short signed agreement covering the fence, price, split and timing avoids most disputes later.
- If you cannot agree, follow your city’s formal process exactly: registered mail, three quotes, the waiting period and a copy of the by-law. Skipping a step can weaken your claim.
- Keep records. Save quotes, invoices, photos and proof of mailing.
This guide is general information, not legal advice. For a dispute over money or the property line, speak with a real estate lawyer.
If you are buying a home
Fences are one of the most common sources of friction between new neighbours. Before you firm up an offer, compare the fence lines to the survey, ask the seller whether there are any fence agreements or disputes, and note fences that are leaning or in poor repair. A fence that is not on the line does not move the line, but it can cause arguments and costs later.
Thinking about a move? Browse homes on our buy a home page, or see what your current home could sell for with a free home evaluation. For city-specific guides, start with our Mississauga, Brampton and Toronto hubs.
Frequently asked questions
Does my neighbour have to pay half of a new fence in Toronto?
No. Toronto is exempt from the Line Fences Act and its fence by-law sets no cost split, so there is no legal requirement for a neighbour to contribute. Most neighbours agree on a split in writing. If you had an agreement and it is broken, Small Claims Court is the usual route.
How much does my neighbour pay in Mississauga or Brampton if we disagree?
The lesser of 50% of the cost of a basic 4-foot steel chain link fence or 50% of the actual cost, based on the quotes exchanged. You must first send a Notice of Intent by registered mail with three quotes and a copy of the by-law.
Can I build the fence first and send my neighbour the bill?
That puts your claim at risk. Under the Line Fences Act, fence-viewers have no jurisdiction once one owner has finished the fence alone. In Mississauga and Brampton, the by-laws expect the Notice of Intent and waiting period before work starts. In Toronto there is no formula to rely on at all.
Who pays if a tree falls on the shared fence?
In Mississauga, Brampton and Oakville, the owner of the land where the tree stood pays to remove the tree and repair the fence. Damage from a natural disaster is otherwise split equally.
Will the city or fence-viewers decide where the property line is?
No. Neither the municipality nor fence-viewers have authority over the boundary. Owners settle it themselves, usually with a survey by an Ontario Land Surveyor and, if needed, legal advice.
How do I appeal a fence-viewers’ award?
Where the Line Fences Act applies, you have 15 days from receiving the certified award to file a Notice of Appeal with the clerk and pay the appeal fee, which is $406.05 in 2026. The referee’s decision is final, subject to judicial review.
Sources
- Government of Ontario, Line Fences Act (updated September 10, 2026): when the process applies, fence-viewers, 15-day appeal, 2026 appeal fee $406.05.
- A Guide to the Line Fences Act (Ontario ministry guide, revised July 2024): 30-day viewing, notice, award contents, equal split, enforcement, opt-out under Municipal Act s. 98 and City of Toronto Act s. 109.
- Line Fences Act, R.S.O. 1990, c. L.17.
- City of Toronto Municipal Code Chapter 447, Fences, section 447-2.1 (Line Fences Act does not apply).
- City of Toronto public notice, April 27, 2018: proposed exemption and end of fence-viewer appointments; By-law 822-2015 (earlier fence-viewer panels).
- City of Mississauga Division Fence By-law 0075-2004 and Mississauga Fences page (modified September 24, 2026).
- City of Brampton Division Fence By-law 172-2006 (office consolidation).
- Town of Oakville Division Fence By-law 2023-076.
- LAWPRO practicePRO: Small Claims Court limit $50,000 from October 1, 2025.
Image: Local Toronto media library. General photo of a backyard fence; not a specific property.
Local Toronto, HomeLife Landmark Realty Inc., Brokerage.