Natural Art Fence, a Vancouver based fencing specialist company with over 15 years of experience in Fences installation services. For more details visit: http://www.naturalartfence.com
3. When building a fence, some of the
common legal questions that arise are:
who owns the fence? Where can you
build the fence? Who pays for the fence
and maintenance?
“Good Fences Make Good Neighbours”
written by Brian Madigan is a useful
article to read, if you are interested in
understanding Canadian rules and
regulations of building fences.
4. To answer the previous questions, The
Line Fences Act provides something of a
solution. The Act provides a solution to
resolve disputes, as follows:
1) One party will be given authority to
construct the fence,
2) The fence will be located along the
boundary of the two properties,
5. 3) The fence will be jointly owned,
4) Each owner will have to pay a certain
percentage of the cost (not necessarily
50%), and
5) Both owners will have to share in the
maintenance.
6. Madigan brings up an interesting point,
what happens if your neighbour wants a
3ft fence and you want a 6ft fence?
What happens? Well, the Act are likely
to conclude that if you want a 6ft fence,
then your neighbour only need to
contribute half the cost of the cheaper
fence at 3ft. Therefore, you will need to
pay majority of your 6ft fence.
7. However, another solution is to pay the
entire cost of the fence and build it on
your property (not on the property line),
maintain it, and preserve your rights to
the fence. Keep in mind that, although
fences mark boundaries, they do not
mark property boundaries between
neighbours. If your fence is built on your
neighbour’s property, by law, it can be
taken down with proof of property line.