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Property Line Disputes

The provincial Line Fences Act provides a process for you to resolve property line disputes with your neighbours. It applies when you want to build, repair, or maintain a fence on your shared property line, but you cannot agree on the type of fence you should use and / or how to split the costs. 

A line fence shows where one person's land ends and a neighbour's land begins. 

Dealing with neighbour fence disputes 

Before you begin an arbitration process, you should talk to your neighbours to try and reach an agreement. 

If you cannot agree, you can request the presence of a fence viewer to help resolve the dispute. According to the Line Fences Act, you can involve fence viewers in only two situations: 

  1. When there is no existing fence on the property line, and you want to build a new one. 
  2. When there is already a fence and you believe it needs repairs or reconstruction, but you and your neighbours cannot agree on what to do. 

Note: Fence viewers cannot help you with disputes if construction has already started or if there is a disagreement about where the property line is located. 

The dispute resolution process requires three fence viewers, and each one must receive a daily remuneration.

Fence viewings cannot take place during the winter, between November 1 of one year and March 31 of the following year. 

How to apply for a fence viewer

  1. Fill out the form Request for Fence Viewers 
  2. Send the completed form and the fee of $310.00 plus HST to the Office of the City Clerk using one of the methods described below. 

  1. Mail the completed form, along with a certified cheque or money order made payable to the City of Kingston, to this address:  
    • City Clerk 216 Ontario St., Kingston, ON K7L 2Z3 
  2. Please make sure to include your contact information, including your telephone number and/or email address, so we can contact you in case of any submission issues. 

  1. Send the completed form to cityclerk@cityofkingston.ca
  2. For fee payments, you can make payments during the following hours:  
    • Monday to Friday, from 8:30 a.m. to 4:30 p.m. at the City Hall Payment Centre located at 216 Ontario Street.  
    • By credit card over the phone at 613-546-4291 ext. 2268. 
  3. Ask the cashier to forward your payment receipt to the City Clerk. Your submission will only be considered complete after we have received the form and confirmed the fee payment. 

Once the City Clerk receives your application and the required fee, we will schedule a date and time for the arbitration hearing. The City Clerk and the fence viewers will notify all property owners at least one week before the hearing. 

The City of Kingston acknowledges that we are on the traditional homeland of the Anishinaabe, Haudenosaunee and the Huron-Wendat, and thanks these nations for their care and stewardship over this shared land.

Today, the City is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation.

Learn more about the City's reconciliation initiatives.

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