By Fencing in Kitchener: Do I Need My Neighbour’s Permission Before Fencing My Property?
When you erect a fence around your residential property in Kitchener, not too often do you envisage a conflict with your neighbors. Your intentions with the fence are often to improve privacy, protect your children and pets, and to keep out unwanted guests. But, as you may discover, fences are a fertile area for disputes between neighbors.
Whether it’s you or your neighbor building a fence along an abutting property line, there is a need for some level of cooperation and, to some extent, consultation. There are matters of cost, repair, and maintenance of the fence to consider. In that regard, one of the most frequently asked questions we get is:
Do I Need My Neighbor’s Permission Before Erecting a Fence?
You do not need your neighbor’s permission to build a fence around your property. But you do need to know where the property line (the line dividing your property from the neighbours) is as if your fence strays into your neighbor’s property, they will have a valid case for encroachment against you.
Where the fence sits on the property line, you will need to talk to them first. Moreso if you intend to ask the neighbor to absorb half the cost of the fence. You will need to agree on the cost and type of fence. If the type of fence you desire costs more than a standard, secure fence, above whose cost your neighbor is unwilling to pay, you will have to pay the remainder on your own.
In cases where the adjoining landowner refuses to foot their part of the fence’s cost, repair, or reconstruction, the Line Fences Act gives you room to refer the matter to arbitration. The arbitration will determine “what portion of the fence each owner shall construct, reconstruct or repair, and maintain …”
If arbitration and lengthy discussions with neighbors are too draining, you could just choose to erect the fence within your side of the property line. You would not need to share costs with your neighbor. Neither will you need their consent. Fence wars can get very ugly and will leave lasting damage on your relations with neighbors. Where you can, avoid them.
Are you thinking of erecting a fence around your property in Kitchener?
Consider the highly experienced team at Jay Fencing. From chain-link fences to PVC fences and everything in between, we have the expertise to erect fences that will last, while looking as good as a fence can. Talk to us today.