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DIVIDING FENCES ACT 1991 - As at 1 July 2018 - Act 72 of 1991

- As at 1 July 2018 - Act 72 of 1991

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 4 Determination as to "sufficient dividing fence"
  • 5 Adjoining owners--land separated by road or watercourse

PART 2 - LIABILITY FOR FENCING WORK

  • 6 General principle--liability for fencing work
  • 7 Contribution as between adjoining owners--generally
  • 8 Contribution where negligent or deliberate act
  • 9 Contribution when urgent fencing work is required
  • 10 Fencing easements etc extinguished

PART 3 - PROCEDURE AND IMPLEMENTATION

  • 11 Notice to carry out fencing work
  • 12 Procedure when agreement not reached
  • 13 Jurisdiction of Local Court or Civil and Administrative Tribunal
  • 13A Jurisdiction of Land and Environment Court
  • 14 Orders as to fencing work
  • 15 Enforcement of agreements and orders
  • 16 Substantial compliance sufficient
  • 17 Application for order in absence of an adjoining owner
  • 18 Procedure for defining boundary line
  • 19. (Repealed)

PART 4 - MISCELLANEOUS

  • 20 Right to enter adjoining land
  • 21 Service of notices
  • 22 Time for service of notices--special provision
  • 23 Costs
  • 24 Recovery of money payable
  • 25 Application of Act to Crown and local authorities etc
  • 26 Act not to affect agreements etc, retaining walls or other Acts
  • 27 Regulations
  • 28 Repeal of Dividing Fences Act 1951 No 8 etc
  • 29 Savings, transitional and other provisions
  • 30. (Repealed)

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