Victorian Consolidated Legislation

Fences Act 1968 - SECT 10

Apportionment of cost of fencing between landlord and tenant

10. Apportionment of cost of fencing between landlord and tenant



(1) Where any fence is constructed under the provisions of this Act dividing
any lands held by any person as tenant of any landlord from any adjoining
lands, the cost thereof as between such landlord and tenant shall subject to
subsection (4) be payable in the proportions following-

   (a)  where the interest of the tenant at the time of the construction of
        the fence is less than for a term of three years, the whole cost shall
        be payable by the landlord;

   (b)  where the interest of the tenant is for a term of three years and less
        than for a term of six years, three-fourths of such cost shall be
        payable by the landlord and one-fourth of the cost by the tenant;

   (c)  where the interest of the tenant is for a term of six years and less
        than for a term of twelve years, one-half of the cost shall be payable
        by the landlord and one-half by the tenant;

   (d)  where the interest of the tenant is for a term of twelve years or
        upwards, the whole of the cost shall be payable by the tenant.

(2) If either the landlord or the tenant pays under the provisions of this Act
more than his proper proportion of the cost, he may recover the excess before
the Magistrates' Court from his landlord or tenant (as the case may be) and
any tenant may set off any sum recoverable by him under this section against
any rent payable to his landlord.

(3) Where a tenant is served with a notice order award or certificate under
this Act relating to the construction of a fence, he shall within fourteen
days serve a copy of the notice order award or certificate by registered post
on-

   (a)  his landlord at his last known address;

   (b)  the person to whom he pays his rent; or

   (c)  any person who he has reason to believe is authorized to accept
        service of notices on behalf of his landlord.

(4) Where the tenant fails to comply with subsection (3), the whole cost of
the construction of the fence shall be payable by the tenant.