If you are planning to build a fence within the Town, please ensure that you adhere to the regulations outlined in the Town's Fencing By-Law #4394-99, as amended.
A permit is not required to construct a fence. However, it is strongly recommended that you obtain a site survey prior to construction. This will help ensure that your fence is built entirely on private property and does not encroach on Town property. Constructing a fence on Town property is a violation of the by-law and may result in penalties or required removal.
According to the Division Fence By-law and the Line Fences Act, neighbours need to share the:
If you'd like to build or repair a division fence, you need to send your neighbour a notice advising of your intent to build or repair a fence. This must be sent via registered mail at least 14 days before the construction or repair of the fence and should include the basic cost of constructing a new division fence.
If you both agree to build the fence, you should enter a written agreement with your neighbour.
If one neighbour doesn't pay their cost of the fence, you can:
If your neighbour still doesn't pay, you may proceed under the Provincial Offences Act to have a Justice of the Peace enforce the provisions of the by-law. In order to begin this process, you must do the following:
You're then required to provide the Summons to your neighbour, you will need to contact DRPS and pay for the service of the Summons. The Summons will require your neighbour to appear in court to answer to the legal action.
The matter will then proceed to court where the Justice of the Peace has the authority to award a judgement requiring your neighbour to pay half the costs of the basic fence. Any decision reached regarding a fine is enforceable through small claims court.
If your neighbour still doesn't pay, you'll need to initiate action in a small claims court.
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