Whitby : Règlement no 3657-95, art. 4 — An owner of land may construct and maintain a fence to mark the boundary between his land and adjoining lands
Division Fence By-law
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An owner of land may construct and maintain a fence to mark the boundary between his land and adjoining lands.
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- 2 Apportionment of Costs of Division Fences This by-law shall apply to all lands within the Town of Whitby, excluding lands that constitute a public highway, including lands abutting a public highway that are held as a reserve by a Municipality or other public authority to separate lands abutting the reserve from the highway, or to lands that are being held by a Municipality or other public authority as an unopened road allowance or for future public highway purposes
- 3 The provisions of this by-law shall not apply where the owner of any land has initiated proceedings under the Line Fences Act, R.S.O. 1990, c. L.17, prior to the date of the passing of this by-law
- 5 An owner desiring to construct, reconstruct or repair a division fence and intending to require the adjoining owner to share a responsibility for the construction or basic cost of the fence pursuant to this by-law shall serve or cause or to be served upon the adjoining owner, by registered mail, a notice of his or her intention to do so at least fourteen days prior to the commencement of any work or execution of any contract in relation to the work to be undertaken
- 6 Where the owners of adjoining land have agreed, in writing, to the construction, reconstruction or repair of a division fence, each owner shall construct, reconstruct or repair fifty percent of the division fence and pay fifty percent of the actual cost of such construction, reconstruction or repair unless otherwise provided for in the written agreement
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