There are many land disputes between neighbours in the County of Haliburton. Litigating these disputes in the court system can be a costly experience and the result not necessarily satisfactory even to the successful party. One reason is that the neighbours still have to live next door to each other. Or one of them finds that it is simply better to sell and move away.
There are ways to resolve a neighbour dispute without recourse to the court system. Binding mediation or arbitration are two alternatives. If there is a dispute over a neighbour’s fence, legislation called the Line Fences Act may assist you. Under the Act, a landowner has a right to construct and maintain a fence to mark the boundary between the owner’s land and adjoining land, or to repair the fence. Where the owner has not entered into a written agreement with the adjoining owner for sharing the costs of the construction or repair of the fence, the owner may notify the clerk of the local municipality in which the land is situated that the owner desires “fence-viewers” to view and arbitrate as to what portion of the fence each owner shall construct or repair and maintain.
Once the clerk is notified, the clerk will appoint, not one, but three fence-viewers to arbitrate the issue. The fence-viewers will attend the site and view the location of the proposed fence or fence repair. They may hear evidence and examine witnesses under oath. In making their decision, the fence-viewers will consider several factors: the suitability of the fence to the needs of each of the adjoining owners, the nature of the terrain on which the fence is to be located or repaired, the benefit to both owners of having the boundary between their lands marked by a fence, and the nature of the fences in use in the locality. Most importantly, the fence-viewers have the authority to order that each owner pay one-half of the costs incurred in the fence construction or repair.
Where an owner is dissatisfied with the decision of the fence-viewers, the owner may appeal the decision to a referee within fifteen days. As the poet, Robert Frost said a long time ago “Good fences make good neighbours.” The Line Fences Act helps to make good fences and keep good neighbours.