Northern Territory Consolidated Acts Northern Territory Consolidated Acts13. Action in default of compliance with agreement or order
Where -
(a) an agreement is made between owners of adjoining lands as to the repair of a dividing fence or an order to repair a dividing fence is made by the court under section 8(3) or 15; and
(b) a person bound by that agreement or order fails, within 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, to observe a liability placed on him by that agreement or to comply with that order, as the case may be,
the owner of the land separated by the dividing fence the subject of the agreement or order from the land of the person in default may -
(c) repair the whole fence the subject of the agreement or order; and
(d) recover from the person in default -
(i) the part of the cost of the repair that the owner of the adjoining land was liable to pay under the agreement or order or otherwise under this Act; or
(ii) if the whole of the repair was by the agreement or order required to be carried out by the person in default, the whole of the cost of the repair.