South Australian Consolidated Acts

FENCES ACT 1975 - SECT 9

9—Whereabouts of adjoining owner unknown

        (1)         Where a person desires to perform fencing work in the nature of erecting, replacing, repairing, or maintaining a dividing fence, and the identity or whereabouts of the adjoining owner has not, after reasonable inquiry by the proponent, been ascertained, he may—

            (a)         affix a notice of his intention to perform the fencing work in the Form No 1 of the Schedule to this Act on some prominent part of the land of the adjoining owner, and, if no cross-notice is served upon him in accordance with this Act, proceed with the work as if the adjoining owner had agreed to the proposals contained in the notice; or

            (b)         apply to the court for a determination under subsection (2) of this section.

        (2)         The court may upon the hearing of an application for a determination under this subsection approve, with or without modification, a proposal for the performance of fencing work submitted to the court by the proponent, and order that an amount, determined by the court, be paid by the adjoining owner towards the cost of the fencing work.

        (3)         Where the identity and whereabouts of the adjoining owner, or a successor in title to the adjoining owner, are ascertained the proponent or a person claiming under him—

            (a)         may institute proceedings for the recovery of contribution towards the cost of the fencing work; or

            (b)         proceed to enforce an order under this section against him.

        (4)         In proceedings under paragraph (a) of subsection (3) of this section the court may order the payment of such contribution as it considers just in the circumstances.