Fence Viewers

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The Line Fences Act is a procedure to resolve line fence disputes between the owners of neighbouring properties. Owners of adjoining properties who are unable to reach agreement about a line fence may apply to the Township of Perth East, to have the dispute overseen by fence viewers who are appointed by Perth East Council.

When does the Line Fences Act apply?

The Act applies in two situations:

When an owner wants a new fence to be constructed on the boundary line and no fence currently exists on the boundary line between properties,
When a fence already exists on the boundary line and an owner believes that it needs to be repaired or reconstructed.

The Line Fences Act applies when there is a disagreement between neighbours on:

Which owner is responsible for the line fence work; and
The type of line fence to be built or repaired

When does the Line Fences Act not apply?

The Act does not apply in situations when:

An owner has already built, reconstructed or repaired the fence, and then wishes to use this process to get part of the costs of the work; or
There is a dispute about the location of the fence, where one or more owners do not believe it is on the lot line.

Boundary disputes must be resolved by the property owners, as fence viewers have no jurisdiction in this matter.

I believe I am having a dispute with my neighbour, that qualifies under the Line Fences Act.

Please first try and resolve the dispute with your neighbour before contacting the Township for fence viewers. If this dispute cannot be resolved, please contact the Municipal Clerk at (519) 595-2800 ext 223 or fill out an application to bring into the Municipal Office. You will then be contacted after your application has been received. Fence viewers will visit the property and issue a decision called an “award”.

What is the role of a fence viewer?

Fence viewers are citizens appointed by the Township to help resolve fence disputes under the Line Fences Act. When the Clerk receives an application under the Line Fences Act, three fence-viewers will attend the neighbouring properties. Each property owner involved may present the fence-viewers with information and documentation regarding the need for and potential costs associated with the construction or maintenance of a boundary line fence. Once all information has been received the fence viewers will then make a determination regarding the division of cost for the construction, repair or reconstruction of a fence between property owners.

Where do I fill out an application?

You can view and print the fence viewers application to bring into the Municipal Office at 25 Mill Street East, Milverton.