DIVIDING FENCES ACT 1991 - SECT 14
Orders as to fencing work
DIVIDING FENCES ACT 1991 - SECT 14
Orders as to fencing work
14 Orders as to fencing work
(1) The Local Court or the Civil and Administrative Tribunal may, in respect
of an application under this Act, make an order determining any one or more of
the following:
(a) the boundary or line on which the fencing work is to be
carried out, whether or not that boundary or line is on the common boundary of
the adjoining lands,
(b) the fencing work to be carried out (including the
kind of dividing fence involved),
(c) the manner in which contributions for
the fencing work are to be apportioned or re-apportioned or the amount that
each adjoining owner is liable to pay for that work,
(d) which portion of the
dividing fence is to be constructed or repaired by either owner,
(e) the time
within which the fencing work is to be carried out,
(f) the amount of any
compensation (in the form of an annual payment to either of the adjoining
owners) in consideration of loss of occupation of any land,
(g) that, in the
circumstances, no dividing fence is required in respect of all or part of the
boundary of the adjoining lands.
(1A) Despite subsection (1), no order may be
made for the carrying out of fencing work on a declared area of outstanding
biodiversity value under the Biodiversity Conservation Act 2016 without the
consent of the Environment Agency Head (within the meaning of that Act).
(2)
The occupation of land on either side of a dividing fence, as a result of an
order determining that fencing work is to be carried out otherwise than on the
common boundary of the adjoining lands, is not taken to be adverse possession
as against the owner or to affect the title to or possession of the land,
except for the purposes of this Act.