Northern Territory Consolidated Acts

FENCES ACT - SECT 15

(1) The owner of land separated from adjoining land by an existing dividing fence may serve a notice to repair on the owner of adjoining land requiring the last-mentioned owner to contribute to the repairing of the fence.

(2) Such a notice shall specify the part of the dividing fence to be repaired, the nature of the repair proposed but shall not specify any method or materials for the repair of the fence which would make the repaired fence a fence of a different kind from the fence which was in existence at the date of the notice.

(3) If no agreement as to the sharing of the cost of the repair of a fence the subject of a notice under subsection (2) is reached within one month of the notice the owner serving such notice may repair the fence and recover half the cost of that repair from the person on whom a notice complying with this section was served.

(4) If a dividing fence is damaged or destroyed by flood, storm, lightning or tempest, or by fire or accident where the damage or destruction by fire or by accident is not attributable in whole or in part to the intention or negligence of the owner of the land on either side of the fence or of a servant of such owner the owner of the land on either side of the fence may immediately repair the fence without serving a notice to repair on the owner of the adjoining land and thereupon is entitled to recover half the cost of the repair from the owner of the adjoining land.

(5) Where a dividing fence has been damaged or destroyed by an act done or commenced or an event, other than an event described in subsection (4), happening on land on one side of that dividing fence, the owner of the land on which the act was done or commenced or on which the event happened is liable to repair the damage so caused or to reinstate the fence so destroyed and if that owner does not do so within one month of the doing of the act or the occurrence of the event, the owner of the adjoining land may repair the damage or reinstate the fence and recover the reasonable cost of doing so from the first-mentioned owner.

(6) A person on whom a notice to repair has been served may, within one month after the date of the service of that notice, apply to the court for an order determining -

(a) that the fence is not in need of repair;

(b) what repair to the fence is reasonable in the circumstances;

(c) in the appropriate case, that the existing fence should be demolished and a new fence constructed and in that case the kind of new fence to be constructed; or

(d) the proportion of the cost of the repair or of the erection of a new fence which should be borne by each owner of the adjoining lands; and

(e) whether both or which of the owners of the adjoining lands shall effect the repairs.

(7) The court has jurisdiction to make any order sought upon an application under subsection (6) and any other orders as to fencing on the line of the existing fence as to it may seem just.