Halton Hills Newspapers

Georgetown Herald (Georgetown, ON), November 29, 1978, p. 11

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Fence viewers are busier as rural scene changes ITS writer Then is an Important aspect to the fact that Ho Hon Hills three viewers arc being called upon more frequently these days to arbitrate private disputes over properly bound which reflects the log mood of our times All three fence viewers Clarence Anderson Spencer Wilson and Wilfrid Leslie whose families go back a long way In the history of the local farming community readily agree that life on the farm just l what it used to be Gone is the camaraderie and sincere altruism that used to bind farmers and their neigh together the welldefined spirit thai would witness many hands working hard a l collect tve projects Generally that spirit of friendship Is being replaced by the same feelings of alienation and distrust that grips the larger urban centres Neigh come and go with little more than passing Ions huge farms arc into smaller building lots acres of land that once provided hi pastoral setting tor community get remain unoccupied and unused in the possession of unseen city bound developers and speculators DISPUTE Among the changes that ex this trail Is the frequency with which fence viewers are being summoned to Investigate fenc tag and boundary disputes bet ween two neighbors who in many cases simply fail to use common sense in resolving their differences They are not farmers Hal on Hills fence viewers will tellyou newcomers to the rural areas who have brought with them the s desire to collect hoard land and protect il inch by inch From this possess i ten ess a rises the disputes which the fence viewers are called upon to settle a child toys repeat ends up in the neighbor yard and the neighbor takes ting two properties is too tall and concealing unlike other fences nearby a fence is erected too far into a neigh properly another fence is not being maintained and livestock from ihe neighbor land II just spite work most of the time Wilfrid Leslie cone in an recent interview With The Herald After five years Mr Leslie Is Ihe lown newcomer to fence viewing hired for the part time job when the new own of Hills was form He Is however no newco mer on the loco I firming scene FAMILY HOMESTEAD The RIM Georgetown house Mr Leslie now lives In faces bis family homestead both properties and another parcel nearby having been armed by he Leslies for generations Mr Leslie grandfather bought the farm where Wilfrid was raised in 1676 other acres already acquired from ihe Crown some years before Wilfrid father TL Leslie was well known in as Is his son who served IS years on Esquesing Township ell and was deputy reeve for the township on County According to Mr Leslie there are no set qualifications which has in mind when it hires new fence view It is important though that both Mr Leslie and Wilson hove experience in municipal politics and with Clarence Anderson share a formidable expertise in rural land dealings and the prob lems associated In land main Mr Anderson his two agues agreed Is a good know ledgable citizen The appointments of all three men are ratified by town council on an annual basis Mr Leslie may be described as Hills rookie fence viewer compared to Mr And another resident long time farmer who has been arbitrating local bound disputes since initial years Mr Anderson would make his way around the townships rutted dirt roads in his 1919 Overland then later a Oldsmobllc visiting tho landowners who had commissioned his service Since the early years such visits have become only slight more frequent with three fence viewers reports filed during 1977 Ihree again thus far this year AREA ROOTS Like both his colleagues Mr Anderson roots in the area go back a long way His father Thomas A Anderson moved here in late 1B83 from the Erin and Guelph areas and of RIM has been a letter for the of and the Town of Hill since he to raid to and from his appointments In Do Changing times hair brought to Ihe agricultural Industry but those Improvements have alio unveiled some serious Implications about way people deal v one another as neighbors Implicit Ions thai are already affecting Ihe role of the Herald photo shod what was to become Farm and later Gray Farm The land is still Mr Anderson David About years ago Mr Wilson began accompanying Mr Anderson on his occasion rounds working alongside former fence viewers for the Township like Bob Cunning ham who stilllivcs in area and Charlie Austin now an Elora resident Spencer Wilson who served four years on township council wis already a livestock for the township when he assumed his fence viewing duties With his brother and one other resident he is still regularly commissioned by the town of Hills to assess the value of livestock killed or injured in attacks by animals Mr Wilson Is semi retired from farming having sold his farm on Maun tainvicw Rood near Avenue three years ago Mr Anderson told The Her aid thai viewer job Itself unlike the farming has changed lillle In the years he has been involved On ihosc infrequent ions when fence vicwen are summoned to a specified local ion at a certain timt he explained they generally meet the landowner who is regarded as ihe plaintiff In the dispute in the field and allow him to outline his objections If the other party Li also present he loo is then given the chance lell his side of the story After hearing all the cm facts of and sometimes walking the length of the property ft he condition of the fence Is a factor the viewers will put their heads together and determine their Judgement At times they will slmplystroll off together at the other times they will hold their decision until arrive at the town icipal headquarters where their report must be died The landowners involved do not usually learn of the view s decision immediately The judgement will be put in writ first and then munici pal clerk will notify land owners desiroyed by after several years The viewer s decision which must be signed by at least Iwo viewers is known as the award and specifies where applicable the locality description and price range of fence to be established as well as a time limit prior which it must be erected The award will delegate responsib ility to for erection and of the fence in no uncertain terms There has been contcn Hon over the Ability of two fence viewers lo authorize an award when in fact three viewers arc appointed by the municipality for that purpose The question was largely res 1975 decision handed down In small claims court by Mr Justice John Roberts in response to an landowner appeal of Ihe vie VltWHlbVWUlD Some question was raised by counsel relative to legality of the fence viewers in view of the fact that the was signed In Ihe first instance by two viewers only Judge Roberts explain I cannot subscribe to this view and I believe the law is quite clear on this point In the circumstances find a w cannot be impeached In accordance with the prov incal government Fence Viewers Act the viewers must lake inlo account the types of fenecs already In existence in the area the suitability of a proposed in meeting the needs of Ihe neighboring prop erly owners and the owners Financial ability to build and maintain any new fences In one In the are the viewers sided with landowners who plained that their neighbor new rail fence was not In keeping the type of fences already erected in area Some GOO tall rails surrounded the neigh two acre properly and the viewers decided thai would have be made The viewers themselves were summoned to back up their report when their decision was appealed by the owner Other typical cases have involved farmers being block from their cropland by neighbors new fences ducks climbing through broken down fence Into a neighbor garden hedges planted along a boundary line and hen being allowed to grow Into the neigh properly and overly tail fences obstructing a neigh One thai continued un resolved for some time took place in Spcysldc area The new owner of a properly along which fence had run for as long as could rememb er decided to tear the struct ure down Neighbors replaced the fence only to have It torn down again The new owner was finally convinced thai once fences remain in one place for years or longer it becomes he established and cannot be arbitrarily altered according to law BUS The township or town clerk will be kept busy serving lal notices when fence viewing Is being carried out Doth viewers and owners must be informed of the time and place for the viewing then the view ers notify the clerk and the owners of their decision ihen the owner noli lies his neighbor if he appeal the decision and so on Hills three viewers agree that the most Important tool they use on the job is common sense lie and readily ice that accommodates prob lems of the job which simply cannot be resolved by the guidelines provided in the hence Viewers Act Ami the rules of thumb on which the viewers also rely Is a of determining which half of a fence will be maintained by which owner when both owners ore required to share the task Simply the viewer will the fence one property and dcleg He the job of caring or the right half to of the had on which he is stand ing The same holds true obviously with the property owner on the other side of Ihe NOT UNCHANGED The fence viewer job has however not gone unchanged although the Tew alternations hat have been made are a point In mid the viewers were also required to enforce their judgements making sure that fences were erected according to a schedule which they dicta ted Thai part of the job Is now handled by the province where necessary In accordance with a mendation which the viewers forwarded In August to the Federation of Agricult the property owner who is found to be at fault in a dispute would be required to the viewer expenses as well us any fencing costs that may be Involved Another recommendation under consideration would sec the terms of an agreement including fence lines fence descriptions and fence owner ship spelled out in future properly deeds thus prcclud Ing by new owners to dispute existing boundaries or alter Fences The summer also saw town council endorse a fee increase for its viewers raising the amount their from JIB to per visit figure Includes for the actual service provided and for expenses stipend once 10 per visit raises a chuckle among the town s viewers when Ihey re asked about its value to them Viewing though admit an infrequent duly sometimes involves evening work and occupies at least a half day thai could otherwise be spent on farm the job Is a service to municipality that must be done by someone and the fee merely a token a mo that does nol represent Ihe ton value of their service PAIDLITTLL fact that viewers arc paid so little for their lion leads Mr Anderson to speculate that there will be few seeking appointment once he and his colleagues ore to retire from ihe work viewers agree that they pretreiled with respect by whose quarrels Ihey must settle although they all seen sonic good arguments Not everyone will do it Mr It s a thankless job lis always a matter of solving other peoples head aches Mr Anderson m son was new lo the job was nol at all uncommon for the men of the eommumty to freely offer their services in building repairing public roads taking a scat on the local school board or helping their neighbors with major projects You can get boy to the lawn for free these days Mr noted There was never any thought of gelling paid for Ihcse jobs In those Threshing and corncutting it was all done together with the lion of the dollar and ill you can I buy anything I SCARCER II was nothing to have of jour neighbors come out a cornculling in those days Mr Leslie added Now Wilfrid Utile tetl and ore old friends whose st Interest In of particularly the great steam and tractors that a bygone era bring them together along with hundreds other for annual Strain Ira show in Milton Along Clarence Ihr two I farmers are alto the communis a job witnessed many me rest inn experiences and intimations spanning several decides of his tor In the background of Ihe above 1 1 to Is the loni lime homestead in RIM Georgetown Herald photo farmers are getting scarcer all the and we all these wonderful old barns foiling down all newcomers you don even know your own neighbors anymore Mr Leslie went as far as lo call It a mistake on the part of authorities to dwellers to relocate In the rural without some pre cautions being taken The first thing you know re complaining about smell from manure spreading and the noise from night work he said They ritse dogsandthen let them run Free and bother people slock And so the work of the fence viewers is by changes brought about in the agricultural by not involved in There have been many years in the past in which municipal fence viewers in and Hills have never been called upon to arbitrate but those years ore prolnbly inns I mis leads are subdivided ever incroisint populalion arguments over boundaries and fences are inc vlinbly goinj in number Mr Wilson and Mr Leslie told The Her ltd they ore hop ing the recent recommend tlnns they have drafted along Mr Anderson will bring about some needed imp rosements in their Jobs ones which if will work to off set the effects of the gradual urbanization of farmlands Until then and until more landowners start to use Iheir common sense when confront by boundary problems Hal ton Hills fence viewers be very busy AT LAST alas TIS THE SEASON MAKE IT EASY ON YOURSELF AIL SNOW SHOVtlS Off SHOW PUSHER SNOW REG SNOWBtOWfR One only inch Cut with headlight Reg INTERNATIONAL lown Mower with tire 42 Snow Thrower Reg SALE s SNOW B10WER One only Inch cut Reg MBS SALE PRICES IN EFFECT DAYS ONLY Nov Aware of your needs Master Feeds RR 2 STEWARTTOWN let us help Fob Christmas NOW One Call Arranges it all aOoauuttt in lo Canadianmade products you create jobs in Canada Thats why Ontario urges you to Shop Canadian Every time you buy something look for Made in Canada identification because when you buy products made Canada you create work for Canadians For example if you spend 500 on a Canadian made sofa you create about days work for Canadians if Canadians increase their purchases of Canadian made clothes by only 5 it would create more than new jobs he more Canadian products we buy the more we create Your Ontario Ministry of Industry and Tourism wants you to know that buying Canadian products benefits all of us in Ontario it boosts our economy and maintains our standard of living So when you shop Canadian you II be giving Ontario a more prosperous New Year Larry Grossman Minister of Industry and Tourism William Davis Premier Province of Ontario

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