DIVIDING FENCES ACT 1991 - SECT 11
Notice to carry out fencing work
DIVIDING FENCES ACT 1991 - SECT 11
Notice to carry out fencing work
11 Notice to carry out fencing work
(1) An adjoining owner may require the other adjoining owner to contribute,
under this Act, to the carrying out of fencing work by serving a notice in
writing to that effect on the other owner.
(2) The notice is to specify the
following:
(a) the boundary line on which the fencing work is proposed to be
carried out or, if it is impracticable to carry out fencing work on the common
boundary of the adjoining lands, the line on which it is proposed to carry out
the work,
(b) the type of fencing work proposed to be carried out,
(c) the
estimated cost of the fencing work.
(3) The owner serving the notice may
propose that the cost of the fencing work is to be borne otherwise than in
equal proportions. In such a case, the notice is to state the proposed
proportions.
(4) The description of land in a notice need not particularly
define the land if it allows no reasonable doubt as to what land is referred
to in the notice.
(5) An adjoining owner is not liable to contribute to the
cost of any fencing work in respect of a dividing fence:
(a) carried out
before a notice under this section is served on the adjoining owner (unless
section 9 applies or the notice is served in accordance with section 22), or
(b) carried out after the service of the notice on the adjoining owner and
before agreement is reached by the adjoining owners concerning the fencing
work (including the contributions to be made in respect of the work) or before
the matter has been determined by the Local Court or the Civil and
Administrative Tribunal.