So you’re considering building a fence on your Toronto property line. That can bring a whole lot of questions with it. For example, what are the laws regarding building a fence on the property line? Do you have to get permission from your neighbor? How big can the fence be? The fence experts at City Wide Post Hole Digging are here to make the whole thing a little easier.
Can You Build a Fence on the Property Line?
Let’s start with the most common question: can you build a fence on the property line? Yes, you can!
As the owner of your property, it’s your right to fence off the property, all the way up to the property line. However, depending on how close you want to get to the property line, there may be more to it than that.
Do You Need Your Neighbor’s Permission to Build a Fence?
Whether you need your neighbor’s permission to build a fence has everything to do with how close to the property line you are. If you want the fence to be right on the property line, you don’t legally have to ask permission.
If you’re building your fence entirely on your property, 6+ inches from the property line, you definitely don’t need permission from your neighbor. Keeping completely off of the property line means you’re completely within your own space and can do anything you like with it.
However, being right on the property line can make technicalities weighty in a legal dispute. So, if you want our advice, you should clear your plans with your neighbor regardless of if it’s legally required.
Asking your neighbor for permission to build a fence along the property line has many benefits:
- It’s respectful of their feelings and property value
- You might get a neighborly relationship out of it, if you don’t already have one
- It can prevent legal action springing out of their shock and displeasure at suddenly seeing a fence being built right on the property line without any consideration for their feelings on the matter
- If they’re in favor of a fence and you’re willing to work with them regarding fence design, they may be legally required to help with fence maintenance and construction costs
Can You Build a Fence Against Your Neighbor’s Fence?
If your neighbor has put up a fence at some point and you don’t like the way it looks, you might be tempted to build your own. If the neighbor’s fence design is ugly or the fence hasn’t had enough maintenance, building your own would cover the eyesore. Can you do this?
No. You cannot build a fence right against your neighbor’s fence. Because their fence is completely theirs, they are the owner of both sides of the fence. You building a fence up against it will prevent them from accessing the back side of theirs.
You may be able to build your own fence if it’s far enough from theirs that there’s space between them. However, we recommend talking to a lawyer about this before attempting it.
Or, even better, discuss the issue with your neighbor. If you’re willing to shell out for a fence anyway, you might have a better experience collaborating with your neighbor. Then, instead, you can repair or rebuild the existing fence and gain partial ownership of it.
