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By-law Guide for Pickering Residents
FENCE COST SHARING
Overview
The Fence Cost Sharing By-law
sets the basic cost an adjoining property owner is responsible
for in relation to a new division fence and establishes a
process under the Provincial Offences Act for property owners to
pursue when an adjoining owner defaults on payment. It also
outlines requirements for the repair and reconstruction of
existing division fences.
What you should know …
The Fence Cost Sharing By-law
provides a simple process for residents to follow when disputes
arise as to sharing the costs of erecting a new division fence.
The by-law requires an adjoining owner to contribute half the
“basic cost” of the construction of a new division fence. This
basic cost is defined as the cost of erecting a 4 foot chain
link fence to minimum construction standards. The cost to
repair, maintain or reconstruct existing division fences must be
shared equally by both property owners, based upon the type of
fence in place.
The process to notify an
adjoining owner, and the information to be provided is outlined,
as well as instructions on how to initiate proceedings under the
Provincial Offences Act to recover costs when an adjoining owner
is in default.
A General Guide
The following are the key
components of the fence cost sharing by-law:
- An owner may construct a
division fence to mark the boundary between his property and
adjoining properties;
- Unless otherwise agreed, an adjoining owner shall be
responsible for fifty percent of the basic cost of construction;
- Unless otherwise agreed, an adjoining owner shall be
responsible for fifty percent of the actual cost of
re-constructing a division fence;
- An owner seeking to share the cost of constructing a new
division fence must serve upon the adjoining owner a notice that
includes, a copy of this by-law; the date the work is planned to
commence; copies of 3 estimates received for the cost of the
proposed fence; an estimate of the basic cost of the proposed
fence; and a request for payment from the adjoining owner
calculated in accordance with this by-law;
- An owner desiring to re-construct a division fence must serve
upon the adjoining owner a notice that includes, a copy of this
by-law; the date the work is planned to commence, copies of 3
estimates received for the cost of the proposed fence and a
request for payment from the adjoining owner calculated in
accordance with this by-law;
- Notice must be served at least fourteen days prior to the
commencement of any work or execution of any contract in
relation to the work to be undertaken.
Still have questions?
If you have any further questions
or concerns regarding the Fence By-law, please contact Municipal
Law Enforcement Services at 905.420.4611 or by email at
bylaw@cityofpickering.com.
Resources:
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