A fence is shared (mitoyenne) when it's installed exactly on the line separating two private properties. The Civil Code presumes that any fence on the lot line is common property.
That's different from a private fence, installed entirely on your property -- even a few inches from the line. That one belongs to you alone.
In Quebec, every property owner has the right to fence their land at their own expense. It's a fundamental right. You can install a fence entirely on your property without the neighbour's consent.
But when you want to build on the lot line, the rules change.
For a fence on the property line, the Civil Code is clear: construction and maintenance costs are split equally between the two owners.
Three principles to follow:
- The fence must serve a common need (privacy or security, for example)
- Costs must be reasonable -- you can't force a neighbour to pay half for a high-end ornamental fence if a standard one does the job
- An agreement before work begins is always better
1. Bring it up early -- Weeks or months ahead, not the night before installation.
2. Come prepared -- With material options, photos and detailed quotes.
3. Listen -- Your neighbour may prefer a different style, height or privacy level.
4. Put the agreement in writing -- A simple document signed by both parties avoids a lot of headaches later.
If the neighbour refuses to contribute:
- A formal notice (registered letter) explaining the project and the Civil Code's legal basis often resolves things.
- Mediation can help find common ground.
- As a last resort, we build the fence entirely on our side. We cover all costs, but the fence belongs to us and we don't need anyone's approval.
In a shared fence situation, both neighbours have to live with the result. We recommend materials that look the same on both sides and don't need maintenance -- otherwise, the "who maintains what" question comes back fast.
Composite and PVC are natural choices: the panels look identical from both sides, the colours don't change, and nobody has to pick up a paintbrush. Zen aluminum also works great with its symmetrical horizontal lines.
