New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 15

15 Enforcement of agreements and orders

(1) If an agreement is reached by adjoining owners or an order is made by the Local Court or a local land board and an adjoining owner bound by the agreement or order fails within the required time to perform his or her part of the agreement or to comply with the order, the other adjoining owner:

(a) may carry out the fencing work as agreed on or as determined by the order, and

(b) may recover from the defaulting adjoining owner the amount agreed or ordered to be paid by that adjoining owner or (if the agreement or order does not specify the amount to be paid) half the cost of the fencing work carried out.

(2) The "required time" is the time specified in the agreement or order or, if no time is specified, within 3 months after the making of the agreement or order.