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BOUNDARY FENCES ACT 1908 - SECT 23 Procedure to compel contribution to the repair, &c., of fences

BOUNDARY FENCES ACT 1908 - SECT 23

Procedure to compel contribution to the repair, &c., of fences

(1)  The owner of any land separated from any adjoining land by a fence may serve a notice upon the owner of such adjoining land requiring him to assist in repairing or making sufficient such fence or part thereof; and if such owner refuses or neglects for the space of 21 days after the service of such notice to assist in repairing or making sufficient such fence or part thereof, the owner serving the notice may repair or make sufficient the fence or part thereof, and demand of and from the other owner half the cost of repairing or making sufficient the fence or part thereof, and may within 12 months recover the same in any court of competent jurisdiction.
(2)  The owner of any land separated from any adjoining land by a rabbit-proof fence may serve a notice upon the owner of such adjoining land requiring him to assist in repairing or making rabbit-proof the fence or part thereof; and if such owner shall refuse or neglect for the space of 21 days after the service of the notice to assist in repairing or making rabbit-proof the fence or part thereof, the owner serving the notice may repair or make rabbit-proof the fence or part thereof, and demand of and from the other owner half the cost of repairing or making rabbit-proof the fence or part thereof, and may within 12 months recover the same in any court of competent jurisdiction.