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Gardening and outdoors

What are my rights if my neighbour disagrees with my plans to build a fence?

Anonymous user 07/04/2026 - 11:57 AM

I'm thinking about putting up a fence between my driveway and my neighbour's. There's no fence right now and we've had some disagreements so I want to clearly separate our driveways. I've checked the property plans and it mentions that we're supposed to maintain one side of the fence while the neighbour takes care of the other. The catch is, the boundary for the fence lies on my neighbour's side. Does this mean I can't go ahead and build the fence or does it just mean that after it's up, I don't have to maintain it? Thanks!

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2 Answers

2541006 Alberta Inc

Rating: 4.5 out of 5
Edmonton
The short answer is, if it's on their side of the property line you can't build there. But you can build on your side. It comes down to property line placement and local bylaws. If the fence line is actually on your neighbour’s property, you can’t build directly on that line without their permission, since you’d be constructing on land that isn’t yours but you can build on your side of the property line (even a few inches inside) so it’s fully yours. You can try and come to an agreement with your neighbour, although that doesn't sound likely. It’s also worth checking local bylaws before you do anything, since fence height, placement, and setback rules can apply and if this person is high conflict, they can still sue you if your barrier isn't up to code, if you didn't consult or advise them, or even if they find it unsightly. At the end if rhe day though, if you have consulted followed all the proper procedures, there's not much they can do. Conflict occurs when someone does something impulsive. If you take your time, give them a proper notice, get a permit, follow the code, consult with the municipality, they really won't have much of a leg to stand on. If you’re unsure where the exact line is, getting a survey or real property report before building can save you a lot of trouble.
Answered7 April 2026
0

Mr deck and Fence

Rating: 4.9 out of 5
Oshawa
Hi there, Thank you for reaching out and for providing the details about your situation. If the property boundary where the fence would be installed is located on your neighbor's side, it generally means that the fence would technically sit on their property. In most municipalities, including many areas in Ontario, a homeowner cannot install a fence directly on a neighbor's property without their consent. In this case, you would typically have two options: Install the fence slightly inside your property line, ensuring the entire structure remains on your side. This allows you to proceed without requiring your neighbour’s permission, though you would be responsible for the fence and its maintenance. Install the fence directly on the property line as a shared fence. This would normally require agreement from both parties regarding installation and maintenance responsibilities. The note in your property plan about each side maintaining part of the fence usually applies once a shared fence exists on the boundary line. It does not automatically allow construction on the neighbour’s property without their approval.
Answered7 April 2026
0