Talk to your neighbours before building a fence. Discussing and agreeing on location, style, materials, construction, height, cost sharing, and ongoing maintenance makes things easier for everyone.
Your fence should be located on your property unless you and your neighbours agree to place it on a shared property line.
If you don’t have a survey and are unsure of the location of your property lines, you can hire a licensed Ontario Land Surveyor to prepare one for you. The City does not perform or retain property surveys.
If a legal dispute arises about a property line, it is a civil matter that you must resolve through the legal system. The City has no jurisdiction to deal with property line issues and does not determine where your fence should go or where your property line is.
The current fence by-law does not have rules for the minimum distance that should be set back from the shared property line when building the fence on your property. If you locate it close to a property line, consider the size of the posts and/or the mature size of the hedges you plant so that the whole fence or barrier stays within your property.
For more information, check the Line Fences Act.
Fences and easements
How to find out if you have an easement
The Land Registry Offices of Ontario are responsible for keeping records of easements.
Visit ONLAND: Ontario Land Registry Access for more information.
If you have an easement on your property, there may be restrictions regarding the building of fences within the easement lands. You should review your easement terms for greater certainty.
An easement allows someone other than the property owner to use part of the property for specific purposes. The City uses easements to maintain essential services like catch basins, sewers, and pipes. These easements are typically located along the side property lines, running across the back of the lot and/or from the back of the lot to the street.
Most City easements are 3.0 meters (10 feet) wide and centered on the property line. However, some easements may be wider or in other locations, depending on specific needs.
As a homeowner, you can use and enjoy the land in an easement, but your activities must not interfere with the City’s rights under the easement. Without written approval from the City, you cannot build or place any fence, structures, foundations, pavement, or anything else that might block the City from accessing and using the easement.
If you’ve already built something in an easement, the City may remove it if needed without being responsible for any damage to your property.
