ERIN – The Town of Erin will no longer appoint fence viewers to arbitrate fence disputes between neighbours.
Council passed a new bylaw on March 5 to set rules for the fence process, with councillor Rob Smith declaring a conflict and leaving the council chamber, since he has a relative involved in a fence dispute.
The previous system allowed a property owner to apply to the town for a fence viewer, who would issue a decision about responsibility for costs and the type of materials to be used for a new fence, a repair or a reconstruction. Now the two property owners will be responsible for following the fence cost sharing bylaw.
Fences that are set back from the property line are not covered, and will be paid for by the owner on whose land they are built.
For fences on the property line, where owners agree in writing on the project, each side pays half of the full cost.
Where the parties do not agree, the one wanting a fence must notify the adjoining owner in writing that they intend to proceed with a fence.
The adjoining owner will be responsible for half the cost of a basic fence, defined as a four-foot-high chain link fence.
The owner who wanted the fence will pay half the cost of a basic fence, plus any additional cost for a taller or more costly style of fence.
If either party fails to pay their share, the town may have the work done and place half of the entire expense on each of the owners’ property taxes.
