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Fence Permits Property Lines

Three checks before the first hole

Every fence project, from a short garden fence to a farm perimeter, should pass three checks: where (the property line), what's allowed (permits, bylaws, HOA rules), and what's underground (utility locates). Skipping any of them can mean tearing out a finished fence, paying fines or, worst case, striking a gas or power line.

1. The property line

Your property line is defined by your legal description and survey, not by an old fence, a hedge or what the previous owner said. Sources of information include:

• A survey or real property report from when you bought the home
• Your municipality's plot plans or online parcel maps (approximate)
• Survey markers (iron pins) at corners, often buried a few inches
• A licensed land surveyor, who can locate and mark the boundary

Online parcel maps are useful for a rough idea but can be off by several feet. If the fence will be near the line, many owners place it a little inside their own property and keep their own access for maintenance. If a neighbour disagrees about the line, a survey is the neutral answer; for disputes, consult a qualified professional.

2. Permits, bylaws and HOA rules

Fence rules are local. Common subjects include maximum heights by yard, setbacks from sidewalks and lot lines, sightline triangles at driveways and intersections, materials (barbed or electric wire are often restricted in urban areas), pool enclosure requirements and whether a permit is needed. HOAs, condo boards and heritage districts may add design rules. Contact:

• Your municipal building or bylaw department (website or phone)
• Your HOA or condo board, in writing
• For farms or rural land, your county, municipal district or township office

Ask about required documents, fees and processing time. Keep written answers.

3. Utility locates: call or click before you dig

Shallow buried utilities are common in residential yards. One-call services (Click Before You Dig, Ontario One Call, BC 1 Call, Info-Excavation in Québec and similar provincial services in Canada; 811 in the United States) notify utility owners to mark their lines, generally at no charge to you. Submit your request several business days before digging; the service tells you the required lead time and how long marks are valid. Hand dig carefully near marks and follow the tolerance zone the service describes.

Locates usually cover lines owned by utilities, not private lines you own, such as wiring to a detached garage, a sprinkler system, a septic line or a gas line to a barbecue. Check your house records or hire a private locator if needed.

Shared boundary fences

Some provinces and states have laws about fences on shared boundaries, including how costs may be shared and how disputes are handled; others leave it to agreement. Rules vary widely and change, so check official sources for your area. Even where no law applies, a written agreement with your neighbour on location, height, style, cost sharing and who maintains which side prevents problems.

Easements and rights-of-way

Your lot may have utility or drainage easements where structures are restricted or may need to be removed for access. Look at your title documents or ask the municipality. Fences across drainage swales can redirect water onto your or your neighbour's property.

Worked example

Figures below are illustrative examples (2026-10-29), not quotes or guarantees.

Assumptions: a homeowner plans a 6 ft backyard fence on a corner lot. Steps taken: found the survey in closing documents and located two iron pins; checked the bylaw online and learned (hypothetically) that rear fences up to 6 ft need no permit but the corner sightline triangle limits height to 3 ft within a set distance of the intersection; adjusted the plan to step down near the corner; submitted a locate request a week before digging; told the neighbour the plan and agreed to place the fence 6 in inside their own line. These steps and the bylaw values are an invented scenario.

Documents to keep

• Survey or plot plan with fence line marked
• Permit, if any, and approval date
• Locate ticket number and photos of marks
• Neighbour agreement, if any
• Contractor contract and warranty

Working with contractors

Ask whether the installer requests locates and pulls permits or expects you to. Responsibility should be written in the contract. A reputable installer will not dig without locates. Ask them how they confirm the line; many will not take responsibility for boundary placement and will ask you to mark it.

After the fence is built

Keep copies of everything with your house records. If you sell, buyers may ask about permits and the boundary. If a neighbour later builds on the other side, documented placement helps settle questions.

When to call a professional

Call a land surveyor when markers are missing or disputed, a lawyer or paralegal for boundary or cost-sharing disputes, and a licensed contractor for structural or pool-barrier work. These are inexpensive compared with removing a fence built in the wrong place.

Keep a project file

Save your permit, locate tickets, survey, neighbour agreements and receipts in one folder. It helps if questions come up when you sell the home.

FAQ

Do I need a permit for a fence?

It depends on your municipality, height, location and type. Check locally.

Can I put my fence exactly on the property line?

Rules vary; many owners keep it slightly inside their own lot. Confirm with your municipality and, if needed, a professional.

Is calling before you dig really free?

Generally yes for public utility locates; private locates cost extra.

What depth should posts be?

See how deep fence posts and measure with how to measure a fence line.

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