Ontario's Line Fences Act provides a process for resolving disputes about boundary fences, but once a dispute involves ownership, encroachment, or competing claims over land, it falls outside that Act and becomes a trespass or nuisance claim instead. Legal remedies include damages, an order requiring removal of an encroachment, and injunctive relief — pursued in Small Claims Court for claims up to $50,000 or the Superior Court for larger or more complex disputes.
- The Line Fences Act handles disputes about whether a boundary fence should be built or repaired, and how the cost is split — nothing more.
- A fence, structure, or planting built on the wrong side of the property line is an encroachment claim, not a Line Fences Act issue.
- One neighbour deliberately damaging another's property is a trespass or property damage claim.
- Nuisance covers unreasonable interference with your use and enjoyment of your property — persistent noise, odour, or similar disturbances.
- Remedies include damages, an order for removal of an encroachment, and in urgent cases, an injunction.
- Most neighbour disputes fall within the $50,000 Small Claims Court limit, keeping the process relatively fast and inexpensive.
What the Line Fences Act Covers
Ontario's Line Fences Act provides a specific, relatively simple process — through the local municipality — for resolving disputes about whether a shared boundary fence should be built or repaired, what it should look like, and how the cost is divided between the adjoining owners. It is a useful, targeted tool, but its scope is narrow.
Once a disagreement involves ownership, encroachment, or a competing claim over the land itself — rather than simply the condition or cost of a shared fence — it falls outside the Line Fences Act and needs to be resolved as an ordinary civil claim.
Encroachment Claims
A fence, shed, deck, or planting built on the wrong side of the property line is an encroachment — a form of trespass, not a Line Fences Act matter. If a neighbour refuses to remove an encroaching structure, you can sue for trespass and seek a court order requiring its removal, along with damages and legal costs where appropriate.
Trespass
Beyond encroachment, trespass covers any unauthorized entry onto your property or interference with it — a neighbour who deliberately damages your fence, cuts down your trees without permission, or repeatedly enters your land without consent, is committing trespass and can be held liable for the resulting harm.
Nuisance
Nuisance addresses substantial, unreasonable interference with your use and enjoyment of your property — persistent excessive noise, offensive odours, or similar ongoing disturbances that go beyond what a reasonable person should be expected to tolerate from a neighbour. Courts weigh the severity, frequency, and duration of the interference against what is reasonable given the residential or other context.
An Ontario homeowner discovers, after a survey, that a neighbour's garage extension encroaches two feet onto their property — well beyond a simple Line Fences Act fence dispute. A demand letter citing the survey results, followed by a trespass claim when the neighbour refuses to act, results in a court order requiring the encroaching portion to be removed.
Your Remedies
- Damages — compensation for harm caused by trespass, encroachment, or nuisance
- Removal orders — requiring an encroaching structure to be taken down
- Injunctive relief — a court order to stop ongoing nuisance or trespass, including urgent relief in serious cases; see our guide on emergency injunctions in Ontario
Most neighbour disputes fall within the $50,000 Small Claims Court limit, keeping the process comparatively fast and inexpensive — see our Small Claims vs. Superior Court guide if your dispute may exceed that threshold.
Resolving It Without Destroying the Relationship
Because you will likely continue living beside this person, a firm, well-documented demand letter setting out your legal position is almost always worth trying before litigation — it resolves many neighbour disputes without ever requiring a claim to be filed, while still making clear that the issue is taken seriously.
Call our Ontario property dispute lawyers at 416-274-2222 to discuss your neighbour dispute.
Frequently Asked Questions
Ontario's Line Fences Act provides a specific process, through the local municipality, for determining whether a line fence should be built or repaired, what it should look like, and how the cost is split between the adjoining owners. This process applies specifically to shared boundary fences, not broader property disputes.
No — once a dispute involves the actual location of the boundary or a structure built over it, it becomes an encroachment claim (a form of trespass), which falls outside the Line Fences Act and is resolved through a regular civil claim instead.
You can sue for trespass, seeking a court order requiring removal of the encroachment plus, where applicable, compensation for damages and legal costs. Courts take encroachment onto another owner's land seriously, even where the encroachment seems minor.
Nuisance covers substantial, unreasonable interference with your use and enjoyment of your property — persistent excessive noise, offensive odours, or similar ongoing disturbances that go beyond what a reasonable person should have to tolerate from a neighbour.
Most neighbour disputes — property damage, minor encroachments, and nuisance claims — fall within the $50,000 Small Claims Court limit, making it the faster and less expensive venue. Larger or more complex property disputes may require the Superior Court of Justice.
Almost always, yes — a firm, well-documented letter setting out your legal position often resolves neighbour disputes without litigation, and preserves at least a workable relationship with someone you will likely continue living beside.