as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. B70
The Boundary Lines and Line Fences Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Where a question arises as to the boundary line between adjoining parcels of land, if an owner of a parcel, gives one month's notice of his intention to do so to each party interested, he may employ a Manitoba Land Surveyor to survey the line; and each party shall pay his proportionate share of the expense of the survey.
Where two owners or occupiers of adjoining parcels of land desire to erect a line or boundary fence between those adjoining parcels for the common advantage of both, they shall bear the expense of the erection in equal shares; and thereafter the expense of maintaining and repairing the fence shall be borne by the adjoining owners or occupiers in equal shares.
Where the owner or occupier of a parcel of land erects a line or boundary fence between that land and an adjoining parcel of land, the owner or occupier of the adjoining parcel of land, as soon as he receives any benefit or advantage from the line or boundary fence by the enclosure of his land or any portion thereof shall pay to the first mentioned owner or occupier a just proportion of the then value of the line or boundary fence; and thereafter the expense of maintaining and repairing the fence shall be borne by the adjoining owners or occupiers in equal shares.
Where adjoining owners or occupiers of land disagree as to
(a) what is a lawful fence; or
(b) the proper location of a proposed or existing line or boundary fence; or
(c) the necessity of repairs to, or the manner of repairing, a line or boundary fence; or
(d) the just proportion of a line or boundary fence that each such owner or occupier shall erect or put in repair; or
(e) the amount of compensation that one owner or occupier shall pay to the other erecting or keeping in repair a line or boundary fence; or
(f) any other matter in connection with the erection or repair of a line or boundary fence;
the dispute shall be settled by three fence-viewers, or the majority of them, as herein provided.
If the municipality wherein the lands are situated has passed a by-law under clause 363(l)(f) of The Municipal Act the by-law shall take precedence over this section; but, if there is no municipal by-law, fence-viewers may be appointed, one by each of the interested parties and the third by those thus appointed.
Where an owner or occupier neglects or refuses, upon demand made in writing, to appoint a fence-viewer to decide on his liabilities with regard to any dispute under this Act, the other interested owner or occupier may apply to a justice of the peace who may appoint a fence-viewer; and the fence-viewer so appointed shall act as if appointed by the party neglecting or refusing to make an appointment.
Where two fence-viewers so appointed cannot agree upon the appointment of a third fence-viewer either of them may apply to a justice of the peace who may appoint a third fence-viewer; and the fence-viewer so appointed shall act as if appointed by the two fence-viewers first appointed.
The fence-viewers shall give to the owners or occupiers reasonable notice of the time and place where they intend to meet for the purpose of hearing and determining the matter in dispute, shall attend at the time and place so fixed and hear the parties and their witnesses, shall examine the land and fence over which the dispute is held if they deem it necessary, and shall make their award.
Every award of fence-viewers shall be made in writing signed by such of them as concur therein.
The fence-viewers shall file the original award in the Court of Queen's Bench; and when so filed the award shall for all purposes be deemed to be a judgment of the court and enforceable as such.
The following fees are payable under this Act:
(a) To the justice of the peace, for appointment of a fence-viewer, $1.;
(b) To fence-viewers, $4. per day each for not more than two days, and 10¢ per mile for each mile actually travelled in the performance of their duties under this Act;
(c) To fence-viewers for preparing and transmitting a copy of their award to the registrar of the court, $1.50;
(d) To the registrar of the court, for filing award, 50¢.
Upon the party in whose favour the award has been made making an affidavit that the fees have been duly paid to the persons entitled thereto, the registrar shall include the amount thereof in the judgment.
A decision of fence-viewers as to the proper location of a proposed or existing line or boundary fence does not affect the title to the land on either side thereof, and is binding only during the actual existence as a lawful fence of the fence in question.
No lawful boundary or line fence shall be removed without the consent of all parties interested; but if the line is surveyed by a Manitoba Land Surveyor and the line or boundary fence is found to be improperly located, any owner or occupier of an adjoining parcel of land may remove the fence and re-erect it upon the proper line or boundary at his own expense on one month's notice to all parties interested.
It is sufficient delivery of the notice if it is mailed to each of the parties interested addressed to him at his last known address.
This Act does not apply to the lands included within any city, town or village.