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

CTV News

6 days ago

This downed white picket fence is shown along North Broadway near Waterloo Road, after winds from a tornado knocked down power lines, damaged homes and businesses Tuesday afternoon, Feb.10, 2009, in Edmond, Okla. (AP Photo/Bill Waugh)
Neighbourly disputes over fence feuds are both common and complicated, but one expert says that the polite approach is almost always the best one.
'It's a sensitive topic, from the beginning,' said Christina Vechsler, a corporate, commercial and real estate lawyer, in an interview with CTVNews.ca. 'You see a very wide range of issues.'
Who owns a fence if it's right on the property line? How can you be sure if someone builds on your side? What happens if you decide to share costs, then your neighbour moves away?
We asked readers to share their stories of next-door nightmares and turned to the experts on what options are available to help.
Here's what to know about keeping the peace on the homefront:
Fence feuds
A common theme among the responses we received: When it comes to fences, it can be hard not to take offence.
One reader said he complained to his neighbour after carpenters trampled some of his plants while building a fence between their Toronto homes, only to see that neighbour later extend the fence tall enough to block sunlight to his garden.
Another told us that decades ago, she and her husband sold their Saskatoon home and moved away from a problem-neighbour situation after 10 years, but not before a disagreement over paint colours ended with two parallel fences running along either side of the property line.
In Edmonton, a reader said her neighbour built a fence so close to her house that it became 'almost impossible' to reach her backyard from that end of the property.
And one email from Surrey, B.C., told the story of a neighbour boarding up a pathway between two houses, even though basement tenants used it regularly to access their apartments.
Some cases went beyond a one-on-one dispute: One Toronto reader said her stepmother and her neighbours lost access to their parking spots when a new arrival on the block built a wall across the shared lane connecting their driveways to the road. She said the ordeal ended up leading to a years-long legal dispute.
So, if you're stuck in a boundary battle, what can you do? Laws can vary significantly by province and municipality, but wherever you are, it helps to do your homework.
Respecting boundaries
If you're concerned about a neighbour's fence, Vechsler told CTV News the first step should be to make sure you've got all the information.
Reviewing the documents you received when you purchased the home, what's held publicly on the title or even ordering a fresh survey of the land by a provincially licensed surveyor can help reveal whether something's imposed on your property.
Equipped with that information, it may just take an earnest exchange of words to solve the problem.
'The first thing I always suggest is to go and speak to your neighbour, where feasible, to the extent that you can have those open and honest conversations,' Vechsler told CTVNews.ca. 'Act in good faith, and be transparent about what it is that you're seeking to achieve.'
An informal agreement, or better yet, a written agreement, is the goal, she said. Throughout the process, it's also important to document your interactions on the issue, either by communicating over email, or keeping your own notes.
Some municipalities, like Toronto, offer referrals to community mediation services for property conflicts. However, those local governments, also like Toronto, may refuse to play a direct role in 'resolving disputes about the location or costs of boundary fences between properties.'
A formal letter to your neighbour with all the relevant information may resolve the issue, but other options include filing in small-claims court, or submitting a bylaw complaint with your municipality, where applicable.
Experts note that taking matters into your own hands, such as by ripping up a fence you don't want there, can make things worse.
'You need to be careful about where the line is … that's absolute,' said Vechsler. 'You need to be careful about what's shared down the middle.'
As confident as you may be that the fence is on your property, you may be mistaken. Even if it's sitting directly on the lot line, touching or damaging objects like fences or trees may cause more problems.
'Absolutely, there can be potential actions and trespass. There can be potential claims for any damages,' she said.
Vechsler told CTV News that simply talking things out in a respectful manner is often the best solution, in part because it helps maintain the broader relationship with your neighbour. Even something as small as keeping everyone informed about repairs or changes to the fence can go a long way.
'It seems like an easy step to take, but it can make all the difference,' she said.