Northern Territory Consolidated Acts

FENCES ACT - SECT 8

(1) If, within one month after the service of a notice to fence, the owner served with the notice to fence and the owner who served that notice do not agree as to the construction of the proposed fence, the line of the proposed fence or the kind of fence proposed, either of those owners may apply to a court for an order determining -

(a) whether the construction of the proposed fence or a part of it or of any fence between the adjoining lands is reasonably required;

(b) what part of any dividing fence is to be constructed by each of such owners or that the whole of the fence shall be constructed by one owner and what proportion of the cost of the construction of the fence shall be borne by each of the owners respectively;

(c) the time within which the fence shall be constructed;

(d) the line upon which the fence the subject of the order shall be constructed;

(e) the amount of compensation or annual compensation to be paid by one owner to the other owner in consideration of the loss of occupation of any land as a result of the construction of the fence the subject of the order;

(f) the kind of fence to be constructed; or

(g) the nature of any other relief to which the applicant is justly entitled.

(2) Upon an application made under subsection (1) the court may make all or any of the orders sought in the application or such of the orders described in that subsection as either party to the application, at the hearing, requests the court to make.

(3) Where the demolition of an existing dividing fence and the erection of a new fence in place thereof was proposed by the notice to fence, the court to which application is made under subsection (1) may, in lieu of making an order for the demolition of the existing fence and the erection of a new fence, make an order to repair the existing fence, specifying -

(a) the nature of the repairs;

(b) which of the adjoining owners shall effect the repairs;

(c) the proportions in which the cost of the repairs shall be borne; and

(d) the period of time during which no further order to fence may be served with respect to the fence to be repaired unless the consent of the court is first obtained.

(4) Where there are 2 or more owners of adjoining land any one of those owners who has not been served with a notice to fence is entitled to be joined as a party to any proceedings under this section.

(5) Where, by agreement or pursuant to an order to fence, a fence is constructed otherwise than wholly on the line of the common boundary of adjoining lands, the occupation by a person of any land adjoining that fence which he was not entitled to occupy immediately before the fence was erected shall not be deemed to be adverse possession of the land so occupied nor affect the title of any person to the land so occupied.

(6) In determining the kind of fence to be erected under an order made under this section, the court shall take into account the kind of fence usually erected in the locality where the fence is to be constructed and whether it is usual to erect dividing fences in that locality.