Victorian Consolidated Legislation

Fences Act 1968 - SECT 12

Recovery of one-half of value of fence dividing unalienated land

12. Recovery of one-half of value of fence dividing unalienated land



(1) Where any person has constructed on the boundary of his land a dividing
fence sufficient for the purposes for which he occupies the land and the land
adjoining is unalienated Crown land, the occupier of the land shall be
entitled to claim and recover from the person who afterwards becomes the first
occupier of the adjoining land one-half of the then actual value of the
dividing fence.

(2) The value of the fence shall be ascertained as soon as practicable after
the adjoining land has become so occupied and in default of agreement between
the parties the value may on the complaint of either of them be determined by
the Magistrates' Court.

(3) Any sum recoverable under this section may be recovered in the
Magistrates' Court.