South Australian Consolidated Acts South Australian Consolidated Acts16—Damage to or destruction of dividing fence
(1) Subject to this
section, where a dividing fence is damaged or destroyed, and there is an
urgent need to repair or restore the fence, either of the adjoining owners
may, without notice to the adjoining owner, carry out the requisite
fencing work and recover from the other adjoining owner—
(a)
one-half of the cost of the fencing work; or
(b) the
amount that the other adjoining owner would be liable to contribute if the
dividing fence were to be replaced,
whichever is the lesser.
(2) Where a
dividing fence is damaged or destroyed as a result of a wrongful act or
default on the part of any person, an adjoining owner who has properly
incurred any cost or expense in repairing or restoring the fence (whether in
pursuance of this Act or otherwise) may recover from that person, as a debt,
the cost or expense so incurred.
(3) An adjoining owner
shall not be entitled to recover contribution for any fencing work under this
Act in so far as that fencing work consists in the repair of damage resulting
from his own wrongful act or default.