7 effective ways to handle fence boundary disputes with neighbours

Boundary disputes between neighbours can be a source of significant stress and tension, especially when it comes to fences. Whether you’re a new homeowner or have been living in your Kingston, Ontario home for years, understanding how to navigate these disputes is essential. Here are some practical steps and advice on resolving common fence boundary issues.

1. Understand Property Lines

a) Verify Your Property Boundaries:

Before addressing any boundary dispute, it’s crucial to know exactly where your property lines are. Review your property survey, which is typically provided during the purchase of your home. If you don’t have one, you may need to hire a professional surveyor to establish clear property boundaries.

b) Consult the Land Registry:

In Kingston, the Ontario Land Registry Office (1201 Division Street
Kingston, Ontario, K7K 6X4) can provide official records and maps detailing property boundaries. Accessing these records can help clarify any discrepancies.

2. Open Communication

a) Talk to Your Neighbour:

Most boundary disputes can be resolved through open and respectful communication. Approach your neighbour calmly and discuss your concerns. Often, misunderstandings about property lines can be resolved with a simple conversation.

b) Listen and Be Respectful:

It's important to listen to your neighbour’s perspective. They may have reasons for their actions or interpretations of the boundary that you hadn’t considered. A respectful dialogue can often lead to a mutually acceptable solution.

3. Mediation and Legal Advice

a) Seek Mediation:

If direct communication doesn’t resolve the issue, consider mediation. A neutral third party can help facilitate a discussion and find a compromise. Mediation is less costly and time-consuming than legal action.

B) Consult a Lawyer:

If mediation fails, it may be necessary to consult a lawyer who specializes in property disputes. They can provide legal advice specific to Ontario laws and help you understand your rights and options.

4. Know the Local Bylaws

a) Familiarize Yourself with Kingston’s Bylaws:

The City of Kingston has specific fence bylaws, including height restrictions and setback requirements. Understanding these regulations can help ensure that any proposed solutions are compliant with local laws.

b) Get the Necessary Permits:

If you plan on building a pool fence, make sure to obtain a permit from the City of Kingston.  No permit is needed for the construction of other types of fencing.

5. Document Everything

a) Keep Records:

Document all communications with your neighbour regarding the dispute. This includes written correspondence, emails, and notes from conversations. Having a record can be invaluable if the dispute escalates to legal action.

b) Photograph the Area:

Take clear photographs of the disputed boundary area. These can serve as evidence to support your case if needed.

6. Consider Practical Solutions

a) Shared Fences:

If the fence is on the boundary line, consider sharing the cost and maintenance responsibilities with your neighbour. A shared fence can benefit both parties and promote goodwill.

b) Adjust the Fence:

If a fence is slightly over the property line, it may be easier to adjust or move it rather than engage in a prolonged dispute. This practical solution can save time, money, and stress.

7. Prevent Future Disputes

a) Regular Maintenance:

Keep your fences in tip top shape to prevent issues from arising. A well-maintanined fence is less likely to cause disputes.

b) Clear Communication:

When planning any changes near the property line, communicate openly with your neighbour. This includes new constructions, landscaping, or major repairs.

Conclusion

Dealing with boundary disputes can be challenging, but by understanding your property lines, communicating effectively, and knowing your legal options, you can resolve these issues amicably. In Kingston, Ontario, leveraging local resources and adhering to municipal bylaws can help in finding a fair resolution.

For professional advice and quality fence installation in Kingston, contact our team at Kingston Fence. We’re here to help you with all your fencing needs, ensuring your property is secure and well-defined.