Northern Territory Consolidated Acts

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FENCES ACT - SECT 12

Proceedings for defining boundary line by registered surveyor

12. Proceedings for defining boundary line by registered surveyor

(1) Where the owners of adjoining lands do not agree as to the position of the common boundary between their respective lands upon which a dividing fence is proposed to be constructed, either one may give notice to the other of his intention to have the common boundary line defined by a licensed surveyor.

(2) The owner to whom notice is given shall, within 30 days after the service of the notice -

(a) if satisfied of the position of the common boundary line, define it by pegs; or

(b) employ a licensed surveyor to define the common boundary line,

and in either case shall notify the adjoining owner in writing of what he has done.

(3) If within 2 months from the service of the notice provided for in subsection (1) the owner to whom the notice was given has failed to have the common boundary line defined by a licensed surveyor, then the owner who gave such notice may have the common boundary line defined by a licensed surveyor.

(4) If the common boundary line when defined by a licensed surveyor is ascertained to be in substantially the same position as defined by pegs placed there by the owner receiving the notice given in pursuance of subsection (1), that owner shall be entitled to recover the costs incurred by him in placing the pegs from the owner giving such notice, but where a licensed surveyor has been employed by either such owner all reasonable expenses actually incurred and not reimbursed by the Territory shall be borne in equal shares by the adjoining owners.



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