‘A sensitive topic,’ How to handle fence feuds or other neighbour conflicts

Neighborhood disputes over fences are a common and complicated issue, but one expert says a polite approach is almost always the best solution.

“It’s a sensitive issue from the start. You’re going to have a whole range of issues,” Christina Wexler, a corporate, real estate and property lawyer, told CTVNews.ca.

Questions like: Who owns the fence if it’s right on the shared boundary? How can you be sure your neighbor hasn’t built a fence on your property? What happens if you split the cost of building a fence with your neighbor and they move?

In this regard, people were asked to share their experiences with neighborhood conflicts and experts were asked what options are available in such situations.

Fence disputes

A recurring theme in the responses was that it’s hard not to get upset about fences.

One person in Toronto said that after complaining to a neighbor about the flowers being ruined while building a fence, the neighbor later built the fence so high that it blocked the sun from the garden.

Another person recounted how decades ago, after enduring a troublesome neighbor in Saskatoon for ten years, he and his wife sold their home. Their disagreements eventually escalated to the point where both parties built two parallel fences along the property line.

In Edmonton, a woman said her neighbor had built a fence so close to her house that it was almost impossible to get through to the yard.

In Surrey, British Columbia, a resident described how her neighbor had blocked the path between their two homes, while the basement tenants were constantly using it to get in and out.

Some stories don’t even stop at just two people fighting. A woman in Toronto wrote that her stepmother and her neighbors lost access to the street when a new resident built a wall in their shared parking lot, leading to a years-long legal battle.

Tips for Keeping the Peace

If you’re concerned about your neighbor’s fence, Wexler recommends gathering all the information you can.

Checking your home’s title deed, records from the land registry, or even requesting a new survey from a licensed surveyor can help determine whether the fence is on your property.

Once you have this information, a simple, honest conversation may be all that’s needed to resolve the issue.

“My first piece of advice is to go and talk to your neighbor as much as possible; have an open, honest conversation. Be open and honest about what you want to achieve,” Wexler says.

The goal, he says, should be to reach an informal, or preferably written, agreement. It’s also important to keep a record of all correspondence and conversations — whether in the form of emails or personal notes — throughout the process.

In some cities, such as Toronto, local mediation centers are being introduced to resolve property disputes. Of course, local governments typically don’t get involved in disputes over the location and cost of a fence.

Sometimes sending a formal letter with all the documents and information will resolve the issue. Other options include filing a complaint in small claims court or filing a complaint with the municipality, if possible.

Experts have warned that taking arbitrary action, such as tearing down a neighbor’s fence, can make things worse.

“You have to be very careful where the boundary is… that’s for sure,” Wexler says. “In cases where the fence is right on the boundary, touching it can be problematic.”

“Even if you’re sure the fence is on your property, you can still make a mistake,” he added. “And touching or damaging the fence or trees can have legal consequences.”

Ultimately, Wexler believes that polite and respectful communication is often the best solution because it helps maintain overall neighborly relations. Even a simple notification about a fence repair or replacement can go a long way.

“It seems like a simple step, but it can make a big difference,” he said.

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