New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 5

5 Adjoining owners-land separated by road or watercourse

(1) The intervention of a road or watercourse between 2 parcels of land does not prevent:

(a) the owners of those parcels of land from being taken to be adjoining owners for the purposes of this Act, or

(b) a claim for contribution for fencing work being brought in respect of a fence on either side of the road or watercourse.

(2) This section applies only if the fence has been used or, in the opinion of the Local Court or a local land board could reasonably be used, as a dividing fence by the owners of the land on either side of it.