BOUNDARY FENCES ACT 1908
BOUNDARY FENCES ACT 1908
- Act 40 of 1908 - Royal Assent 14 December 1908 TABLE OF PROVISIONS Long Title PART I - Preliminary 1. Short title 2. Commencement 3. Section 3 4. Interpretation 5. Section 5 6. Act not to apply to unalienated Crown lands 6A. Act not to apply to land owned by Forestry corporation 7. Act not to apply to roads 7A. Act not to apply to rail corridors PART II - Erection of Fences 8. Adjoining owners to share cost of fencing 9. Notice to fence to be given 10. Objection to proposed fence 11. Provision in cases where notices vary 12. If parties cannot agree and no objection made, fence may be erected 13. If default made by one party, other may fence and recover 14. Contribution towards cost of fence recoverable from owner for time being 15. Where adjoining land is Crown land 16. Bush to be cleared along line of fence 17. Where river, &c., natural boundary, power to agree on line of fence 18. Fence to be on boundary line 19. Person using fence on further side of road liable to pay interest on half cost 20. Gorse, &c., not to be planted without consent of owner and occupier 21. Power to construct a fence on road to protect live fence PART III - Repairs of Fences 22. Owners liable to repair fences 23. Procedure to compel contribution to the repair, &c., of fences 24. Contribution where fence destroyed by accident 25. Liability for reckless use of fire PART IV - Arbitration 26. All disputes to be decided by arbitration 27. Section 27 28. Section 28 29. Section 29 30. Section 30 31. Section 31 32. Section 32 33. Section 33 34. Section 34 35. Powers of arbitrators 36. Arbitrators to consider benefit likely to accrue 37. Provision for contribution by tenant 38. Award to be delivered to the party first appointing arbitrator 39. Costs of arbitration 40. Submission may be made a Rule of Court 41. Award not void through error in form PART V - Miscellaneous 42. How moneys recoverable under this Act may be recovered 43. Act not to interfere with agreements 44. Power of persons constructing fences to enter upon contiguous lands 45. When garden, orchard, or crop, &c., damaged, owner or occupier entitled to compensation 46. Power of tenant to come in and defend proceedings against his landlord 47. Service of notices, &c. 48. Notice to cut live fences and to clear adjoining land 49. Property in fence in criminal proceedings 50. Section 50 51. Regulations SCHEDULE 1[ Note: This table has been automatically generated and may be incomplete. ]