Boundary fence: who pays for what? A guide to neighborly rules

Installing a fence is one of the best ways to mark your property line, ensure your privacy, and keep your family safe. As leading fencing installers in the region, we know that when a fence is located on the line separating your property from your neighbor's, one question always comes up: who is responsible for what?

A boundary fence is a common source of questions and tension. Fortunately, the Civil Code of Quebec provides a clear framework. Here is everything you need to know to manage your project peacefully and maintain good neighborly relations.

What is a boundary fence?

A fence is considered a "boundary" fence when it is installed precisely on the dividing line between two private properties. The Civil Code presumes that any fence on the property line is co-owned by both neighbors.

It's important to distinguish it from a "private" fence, which is installed entirely on one person's property, even if it's just a few centimetres from the dividing line. In that case, it belongs exclusively to the owner of the land it sits on.

The basic rule: the right to enclose your land

In Quebec, every property owner has the right to enclose their land at their own expense. This is a fundamental right. You can therefore decide to install a fence entirely on your property without needing your neighbor's agreement.

However, the situation changes when you want to build the fence on the boundary line.

Cost sharing: the 50/50 question

This is the heart of the matter. For a fence built on the dividing line, the Civil Code of Quebec is clear: the costs of construction and maintenance must be shared equally between both owners.

This means you can require your neighbor to contribute to half the costs of a shared fence, provided certain principles are respected:

1. A fence that meets a common need: It must serve both properties (for example, for privacy or security).
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2. A reasonable cost: The choice of fence must be sensible. You cannot force your neighbor to pay for half of a high-end ornameontal fence if a good quality chain-link fence is sufficient. The shared cost must correspond to what is necessary and customary in the neighborhood.
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3. A prior agreement: The best approach is always to agree before any work begins.

4 tips for approaching the project with your neighbor

Communication is the key to avoiding misunderstandings. Here’s how to approach your neighbor constructively:

1. Talk about it in advance: Don't wait until the installers are on site. Bring up the topic several weeks, or even months, ahead of time.
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2. Present a clear project: Come prepared with one or two material options, photos, and a detailed quote from a professional. This shows you are serious and allows for a concrete discussion.
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3. Listen to their needs: Your neighbor may have preferences regarding style, height, or privacy. A solution that works for both parties is always best.
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4. Put the agreement in writing: Once you agree on the type of fence, the cost, and the contractor, write down the key points. A simple document signed by both parties can prevent many headaches.

What to do in case of a disagreement?

If your neighbor refuses to cooperate or pay their share for a necessary boundary fence, do not start the work on the dividing line. You have a few options:

• A formal notice (demand letter): Sending a formal letter by registered mail, explaining your project and the legal basis for cost sharing, is often enough to resolve the situation.
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• Mediation: A mediator can help you find common ground amicably.
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• Build on your property: As a last resort, you can always build the fence entirely on your side of the line. In this case, it will belong to you, and you will bear all the costs, but you will not need your neighbor's consent.

A good fence starts with a good discussion

Installing a boundary fence is, above all, a collaborative project. By knowing your rights and communicating openly with your neighbor, you give yourself the best chance for a successful project that will enhance the value and enjoyment of both your properties.

Planning a fence project and have questions about options and costs? Contact our experts for a clear and detailed quote that will make your discussions easier.