As a homeowner or rental housing, you probably want to preserve privacy but also enjoy all your land. The installation of a fence or hedge is usually a good way to reconcile the two.
First, it is important to contact the planning department of your municipality to know the regulations related to the implementation of your fence: according to some cities, the closing of the front can not be the traditional roasting, for example and must have a minimum height, shall be installed so many feet from the road, etc.. Due diligence will save you having the unpleasant surprise of a Notice for non-compliance with regulations. Also, if you install a fence on part of land belonging to the neighbor, or that interferes with a right of way granted to it, you might be forced to move your building.
If you want to be the sole owner of the fence and thus far assume all costs of installation maintenance, color, type, etc.., You should ask the installer to comply with the dividing line between land and a little more on your property. It may be necessary to use a boundary by a surveyor to establish the exact location of said line. Also, if you decide to put a hedge just inside your property in order to maintain, especially, think about the fact that your neighbor will still have the right to erect a fence on his side, which could affect access for maintenance of your hedge (1). If you put your fence too inside your property, your neighbor may be entitled to claim, under certain conditions and after some time, ownership of the strip of land between the dividing line between real and your fence.
However, as you generally want to enjoy the greatest possible extent of your land, you will consider possibly putting the fence directly on the line dividing the land. In this case by cons, the law provides that the fence is presumed to belong to the owners of two lots. You would be responsible owners and 50% each. It is wiser to call your neighbor if you want to put a structure directly on the line, not only assume costs for a building that could ultimately be only 50% of your property.
It is also clear in section 1002 (2) of the Civil Code of Quebec, you can force your neighbor to share the costs associated with making a fence to separate the two funds. By cons, you can at any time to force your neighbor to pay after the fact half the cost of a fence erected without consent. We must first agree with him if you want to call him later half of the construction costs. Although you can share costs, it will have as much right as you to advise on the choice of materials, height and all the implications of installing a fence. It would be wise to have a written agreement on the nature of this fence, color and material components to avoid ambiguity.
If your neighbor refuses cost sharing, you can always ask the Court for a ruling that will allow you to erect a fence on the boundary between that and ordered it to pay its share. But before filing an application in court, you must follow the established judicial process, that is to say sending a notice to which you refer clearly and fully as possible of the problem and its financial implications.
However, before undertaking a procedure uncertain and costly legal fees, it would be wiser to continue the dialogue with your neighbor and so avoid a conflict between neighbors.
Carbon 1 c. Turgeon, C.S., July 14, 2005.
First, it is important to contact the planning department of your municipality to know the regulations related to the implementation of your fence: according to some cities, the closing of the front can not be the traditional roasting, for example and must have a minimum height, shall be installed so many feet from the road, etc.. Due diligence will save you having the unpleasant surprise of a Notice for non-compliance with regulations. Also, if you install a fence on part of land belonging to the neighbor, or that interferes with a right of way granted to it, you might be forced to move your building.
If you want to be the sole owner of the fence and thus far assume all costs of installation maintenance, color, type, etc.., You should ask the installer to comply with the dividing line between land and a little more on your property. It may be necessary to use a boundary by a surveyor to establish the exact location of said line. Also, if you decide to put a hedge just inside your property in order to maintain, especially, think about the fact that your neighbor will still have the right to erect a fence on his side, which could affect access for maintenance of your hedge (1). If you put your fence too inside your property, your neighbor may be entitled to claim, under certain conditions and after some time, ownership of the strip of land between the dividing line between real and your fence.
However, as you generally want to enjoy the greatest possible extent of your land, you will consider possibly putting the fence directly on the line dividing the land. In this case by cons, the law provides that the fence is presumed to belong to the owners of two lots. You would be responsible owners and 50% each. It is wiser to call your neighbor if you want to put a structure directly on the line, not only assume costs for a building that could ultimately be only 50% of your property.
It is also clear in section 1002 (2) of the Civil Code of Quebec, you can force your neighbor to share the costs associated with making a fence to separate the two funds. By cons, you can at any time to force your neighbor to pay after the fact half the cost of a fence erected without consent. We must first agree with him if you want to call him later half of the construction costs. Although you can share costs, it will have as much right as you to advise on the choice of materials, height and all the implications of installing a fence. It would be wise to have a written agreement on the nature of this fence, color and material components to avoid ambiguity.
If your neighbor refuses cost sharing, you can always ask the Court for a ruling that will allow you to erect a fence on the boundary between that and ordered it to pay its share. But before filing an application in court, you must follow the established judicial process, that is to say sending a notice to which you refer clearly and fully as possible of the problem and its financial implications.
However, before undertaking a procedure uncertain and costly legal fees, it would be wiser to continue the dialogue with your neighbor and so avoid a conflict between neighbors.
Carbon 1 c. Turgeon, C.S., July 14, 2005.