LEGAL GAPS IN YOUR NEW FENCE - By Gordon R. MacKenzie
While carpenters build fences, there are legal matters to consider
to avoid digging your post holes in a legal mine field.
Your fence should define the boundary of your property to avoid
ownership disputes with neighbours. Finding the lot lines may not
be that easy. Problems you could face are corners that were never
marked, a missing marker or working from the wrong marker. You should
consult an Ontario Land Surveyor to ensure that your fence follows
your lot line.
You should agree with your neighbours on who will be responsible
for the cost of building and maintaining the fence. If you can not
reach an agreement, call your lawyer. The matter can be arbitrated
under the Line Fences Act.
The Township of Essa, like most municipalities, has by-laws governing
fences. Failure to comply with the by-law could result in work orders
or fines. Call your local municipal office about this.
Many subdivisions contain easements and restrictions prohibiting
construction of a fence without the developers or municipal consent.
If you're not sure whether your property is affected, call your
lawyer. If you are affected you should get written consent to your
And most people know that you should check with local utilities
to ensure you do not dig through buried wires or pipes.
Sitting on the fence and failing to deal with these concerns could
result in problems for you. Be sure to look into them before you
begin your project.
This article is presented as general information only and is
not to be relied on as legal advice. You should contact your lawyer
to see how the law applies to your circumstances before any action