8 (1) The fence-viewers shall make an award in the prescribed form, signed by any two of them, respecting the matters in dispute and the award shall state that a fence shall be constructed and maintained and kept up to mark the boundary between the adjoining lands, or, where such a fence exists, that the fence shall be reconstructed or repaired, and shall be maintained and kept up, and the award shall specify, (a) the location of the fence; (b) that, (i) each adjoining owner shall construct, reconstruct or repair, as the case may be, and maintain and keep up a designated one-half of the fence, or (ii) the adjoining owner designated shall construct, reconstruct or repair, as the case may be, and maintain and keep up the fence, and that the other adjoining owner shall, upon being notified by the designated adjoining owner of the costs of the work incurred from time to time, pay to the designated adjoining owner one-half of the costs incurred, unless the fence-viewers, in the circumstances of the case, consider an award in the terms of subclause (i) or (ii) to be unjust, in which case the fence-viewers may make such award in respect of the construction, reconstruction, repair or maintenance of the fence as they consider appropriate; (c) the description of the fence, including the materials to be used in the construction, reconstruction, repair or maintenance and keeping up of the fence; (d) the date by which the construction, reconstruction or repairs shall be commenced and the date by which such work shall be completed; and (e) the costs of the proceedings and by which of the owners or in what proportion the costs of the proceedings are to be paid.  R.S.O 1990, c. L.17, s. 8 (1). Matters to be considered (2) In making the award, the fence-viewers shall have regard to the suitableness of the fence to the needs of each of the adjoining owners or the occupants of their land, as the case may be, the nature of the terrain on which the fence is, or is to be, located, the benefit to both owners of having the boundary between their lands marked by a fence and the nature of the fences in use in the locality and may have regard to any other factors that they consider relevant.  R.S.O 1990, c. L.17, s. 8 (2). Where by-law in force (3) Where there is a by-law in force in the municipality under the Municipal Act, 2001 or the
City of Toronto Act, 2006, as the case may be, prescribing the height and description of lawful fences or otherwise regulating the construction of fences, the description of the fence specified in the award shall conform to the by-law.  R.S.O 1990, c. L.17, s. 8 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 30 (1). Location of fence (4) Where, from the formation of the ground by reason of streams or other causes, it is, in the opinion of the fence-viewers, impracticable to locate the fence upon the line between the lands of the adjoining owners, they may locate it either wholly or partly on the land of either of the adjoining owners where it seems to be most convenient, but such location shall not in any way affect the title to the land.  R.S.O 1990, c. L.17, s. 8 (4). Employment of surveyor (5) Where the fence-viewers locate a fence wholly or partly on the land of either of the adjoining owners under subsection (4), the fence-viewers may employ an Ontario land surveyor to have the location of the fence described by metes and bounds.  R.S.O 1990, c. L.17, s. 8 (5). Fees of land surveyor (6) Subsections 18 (2), (3) and (4) respecting the payment of fees to fence-viewers and for the collection of amounts paid on account thereof by the municipality apply with necessary modifications to fees payable to a land surveyor employed under subsection (5).  R.S.O 1990, c. L.17, s. 8 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 30 (1) - 01/01/2007