Neighbours · Fences and common ownership
You want a fence. Your neighbour thinks it is a lovely idea and would rather not pay. The Civil Code anticipated that.
The text
Article 1002: "Any owner of land may fence it, at his own expense, with walls, ditches, hedges or any other kind of fence. He may also require his neighbour to make, in equal portions or at common expense, on the dividing line between their lands, a fence suited to the situation and use made of the place."
Two different situations
- You fence inside your own land, at your cost. Free rein, and the fence is yours.
- You want a fence on the dividing line. Then the neighbour can be required to contribute, in equal portions or at common expense.
The location on the dividing line, not your desire for a fence, is what opens cost sharing.
"Suited to the situation and use made of the place"
That phrase caps the bill. You cannot impose a luxury fence on a neighbour in the name of cost sharing. The work must match what the place calls for.
A fence on the line is presumed common
Article 1003: "A fence on the dividing line is presumed to be common." Shared, with the obligations that follow.
Where this surfaces: the certificate of location
Most of these situations do not come to light in an argument over the fence, but in a document: the certificate of location. The land surveyor measures, records an encroachment, a fence off the line, a structure too close to the limit. The notary reads it before signing.
That is why we request the certificate early in a transaction, never the week of the notary. A problem found eight weeks before closing gets solved. Found eight days before, it kills sales or forces a full renegotiation.
Three habits before listing
- Re-read the existing certificate of location and check whether it still matches the property, especially after an extension, deck, garage or fence.
- Settle what can be settled while no buyer is waiting. A written agreement with a neighbour beats a negotiation under pressure.
- Document what cannot be settled, so you present the buyer with a solution instead of letting them find a problem.
Related
Frequently asked
Must my neighbour pay half my fence?
If it sits on the dividing line, article 1002 lets you require a contribution in equal portions or at common expense, for a fence suited to the place.
What if I fence entirely on my own land?
You pay for it and the fence is yours.
Is a fence on the line jointly owned?
Article 1003 presumes it to be common.
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 10 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.