Fences

Who determines the property line?

The homeowner can determine the property line(s) by looking at their property survey, which they should have received at the time of purchasing the home. The City of Burlington does not determine property lines. If the homeowners do not have a copy of their property survey they must hire a private firm to survey their property.

Should adjoining property owners share in the cost of a division fence?

The cost of a fence between two properties should be shared between the two property owners as both parties are legally considered joint owners of the fence.

By-law 24-2003 helps neighbours to determine how the cost of division fences should be shared. 

• The bylaw encourages neighbours to negotiate an agreement for the construction of a division fence.
• If an agreement cannot be reached, the by-law requires a 14-day notice period before an owner can begin to construct, repair or replace a division fence.
• The owner constructing the fence must send notice of intent, by registered mail, to the adjoining property owner providing three written quotes for the "basic cost" of a fence. The notice must contain wording required in By-Law 24-2003 "the construction, repair or replacement of the division fence located at" (address) "will commence after fourteen (14) days of the mailing of this notice of intent and the owner may seek payment of a contribution for the construction of the division fence, from the adjoining owner(s) in accordance with the formula set out in section(s) 6, 7, 8 and 9 of this by-law."
• The adjoining owner is also permitted to provide three written quotes for fencing within 10 days of receiving the notice of intent.
• A copy of this By-law 24-2003 must be attached to the Notice of Intent. Please visit www.burlington.ca/bylaws to download By-law 24-2003 or call Service Burlington 905-335-7777.

For more information, please review By-law 24-2003 at www.burlington.ca/bylaws.

If my neighbour is building a swimming pool enclosure/fence, am I required to pay for a portion of the total cost?

Every swimming pool located on lands used for, or in connection with, single family or semi-detached residential purposes, shall be enclosed with fencing, including gates. If the boundary fence is the only pool fence, the swimming pool owner is fully responsible to construct and maintain the boundary fence under By-Law 74-2005. For additional information regarding fencing for lots with pools, please contact the Building Department at 905-335-7731.

I live in a new development, when will the developer/builder install my fence?

For new developments, fences are installed by the developer or builder once the grading is complete and your grading deposit has been returned. For more information on the grading of your property, please contact the Capital Works Department 905-335-7694.

I share a property line with the City of Burlington. Can I enter into a cost-sharing agreement with the City of Burlington for a new fence?

Please contact Service Burlington to learn more about cost sharing agreements with the City of Burlington. Dial 905-335-7777 or email city@burlington.ca.

Does a person have the right to construct a fence on the property line?

Yes, the boundary line between two properties is the common property of the two owners. The fence located along this line belongs to both neighbours.

I want to erect a privacy screen. Are there restrictions?

Privacy screens are permitted on decks and balconies for detached, semi-detached, duplex, triplex, fourplex, and townhouse dwellings subject to the following regulations:

• maximum height from grade 2.5 metres (8.2 feet)
• maximum height from platform 1.8 metres (5.9 feet)
• enclosed on two sides only
• setback from street 9 metres (29.5 feet)
• setback from side lot line 1 metre (3.2 feet)
• setback from rear lot line 1.5 metres (4.9 feet)
• combined length of privacy screens (per unit) 12 metres (39.3 feet).

For more information, please see Zoning By-Law 2020 section 2.4.2 at www.burlington.ca/zoning or contact Zoning at 905-335-7642.

Height regulations for fences vary for properties with pools, corner lots, through lots and visibility triangles. Fence height shall be measured vertically from grade, exclusive of any artificial embankment, to the highest point of each 3 m section of the fence, excluding decorative post caps. Where the grade elevations along the fence vary, maximum fence height may increase 2.3m, provided that the lowest height of the same 3m fence section does not  exceed 2m in height.Please see the diagrams below.

Most lots in the City of Burlington are interior lots, e.g. the lot faces on to a street and has other properties on either side. The maximum height of a fence on an interior lot is 2m, EXCEPT within 3m of the front property line, where the height of the fence must not be higher than 1.2m.

A through lot abuts a street at the front and the rear. The maximum height of a fence on a through lot is 2m, EXCEPT within 3m of the front property line where the height of the fence must not exceed 1.22m (4 ft.).

Corner lots may be created by an intersection or a sharp bend in a street. The maximum height of a fence on a corner lot is 2m, EXCEPT within 3m of the fence must not be higher than 1.22m (4 ft.). In addition, where two streets intersect, a visibility triangle is required (see diagram). Any solid fence or wall within this triangle may not be higher than 1m above the pavement in the middle of the intersection. Note: Most properties require a 9m visibility triangle. This may vary however, between different zoning requirements. Contact zoning staff for requirements in your area 905-335-7642.

Are the responsibilities different for owners of corner lots?

Yes, please see to the diagram below or contact the Planning Department at 905-335-7642 for zoning information.

A property owner has the right to remove an existing division fence (presumably one that is in poor condition and in need of replacement, but not necessarily so) and replace it with a new division fence.

Section 7 of the cost-sharing By-Law 24-2003 provides that the cost of reconstructing or maintaining a division fence should be shared equally between adjoining owners. This means that where a fence is being constructed or maintained, the owner and the adjoining owner are each responsible for 50 per cent of the basic fence cost.

An adjoining owner is not obligated to pay anything over and above 50 per cent of the basic cost (please see above for definition of "basic cost") unless the adjoining owners have entered into an agreement for a different type of fence and payment arrangement.

How is the basic cost of a fence determined?

The "basic cost" of a fence is based on the cost of: constructing; reconstructing; maintaining; or repairing a steel chain link fence that is 1.22 metres (4 feet) in height and 2.54 to 3.81 cm (1 to 1.5 inches).

A steel chain link fence is used as the standard for determining the basic cost regardless of the type of fence that is actually being installed.

Please Note: there are special regulations for lots with pools, corner lots, through lots and visibility triangles. Please visit www.burlington.ca/zoning or see diagrams below.

What do I do if my neighbour refuses to pay for their share of the fence?

If your neighbour does not pay within 90 days of completion of the fence, you may serve them with a notice by registered mail, requiring your neighbour to comply with the by-law. The notice must state that if the payment is not received within 30 days, appropriate action under Part IX of the Provincial Offences Act will be taken to recover the proportionate share of the cost of the division fence from the defaulting person. If the payment is not received after 30 days, an order from the Provincial Court under the Provincial Offences Act may be obtained. Please visit http://ontariocourtforms.on.ca/en/provincial-offences-act-forms/ for more information.

My neighbour will not give me access to their property for repairs or alterations of the divisional fence.  Do I have any rights to enter their property?

Yes, By-Law 17-2007 allows entrance to an adjoining property for the maintenance, repair or alteration of a divisional fence. A written notice must be provided to the person occupying the adjoining lot ten days in advance of the date the work is to begin.

The written notice must include a description of the proposed work to be done and the proposed date of entry and duration of occupancy. If the adjoining property is damaged as a result of the work, the lot  must be restored to its original condition and compensation provided for damages.

Are there any restrictions about the materials I can use to construct a fence?

There are no restrictions on the materials that may be used to construct a fence. Please refer to By-Law 24-2003 for further information. Exceptions apply for properties with a pool, please see By-Law 74-2005 or contact the Building Department at 905-335-7731 for more information.

If there is a fence in my neighbourhood that is in disrepair and looks dangerous, who can I call?

Complaints about property standards can be made to the Building Department. A survey of the property will determine the property line and ownership of the fence. Please see By-Law 28-2009 section 4.4 for property standards concerning fences or contact the Building Department at 905-335-7731 or building@burlington.ca.

Who is responsible for damage done to a division fence by a fallen tree?

If a tree falls down, for any reason, on a division fence and causes damage, the owner of the land on which the tree stood, is solely responsible for removing the tree and repairing the fence. The Provincial Line Fences Act of Ontario states: in section 22. (1): If any tree is thrown down by accident or otherwise so as to cause damage to a line fence, the owner or occupant of the land on which the tree stood shall forthwith remove the tree and repair the fence. R.S.O 1990, c. L.17, s. 22 (1).

Is a hedge or tree on the property line considered a division fence?

No, a hedge or tree on the property line is not considered a division fence. The hedge or tree can be removed with the agreement of both property owners and replaced with a division fence. If the neighbours cannot come to an agreement regarding the removal of a hedge, the disagreement becomes a civil matter and must be pursued through civil courts.

Who is responsible for trimming the height of a hedge on the property line?

This is a civil matter, which must be resolved between the property owners.

Is there a by-law that determines who gets the "good" side of a fence?

This is a civil matter, which must be resolved between the property owners.

Who is responsible for painting/staining a division fence?

This is a civil matter, which must be resolved between the property owners.