Fence Viewers

The Township of Southgate has passed a by-law opting out of the dispute resolution provisions of the Line Fences Act. As a result, the Township no longer administers the fence-viewer process, appoints fence-viewers, or conducts arbitration regarding boundary fence disputed between neighbouring properties. 

Property owners are encouraged to: 

  • Discuss fence construction, repair and maintenance responsibilities with neighbouring property owners. 
  • Enter into written agreements regarding sharing of fence costs whenever possible. 
  • Consult legal counsel if a dispute cannot be resolved properly.

The Township cannot determine property boundaries or resolve private civil disputes between neighbouring landowners. 

Although the Township has opted out of the Line Fences Act, Section 20 remains in effect. Section 20 related to former railway lands. 

Under Section 20, where land that was formerly used as a railway corridor abuts agricultural land, the owner of the former railway corridor abuts agricultural land, the owner of the former railway lands may be required, upon request to construct and maintain suitable fencing along the shared boundary. 

This is the only provision of the Line Fences Act that continues to apply within municipalities that have adopted a by-law to opt out of the remainder of the Act.