Victorian Consolidated Legislation

Fences Act 1968 - SECT 14

PART II MAINTENANCE AND REPAIRS OF FENCES

Occupiers to repair dividing fence

14. Occupiers to repair dividing fence

Where a dividing fence which is of a kind sufficient for the purposes of both
the occupiers of lands separated by the dividing fence is out of repair, the
occupiers shall be liable to repair, or join in or contribute to the repair
of, the dividing fence in accordance with the following provisions-

   (a)  where the dividing fence has been destroyed or damaged by fire or by
        the falling of a tree through the neglect of an occupier-the occupier
        shall be liable to repair the entire fence or the damaged portion of
        it (as the case may be);

   (b)  in any other case-each occupier shall be liable to join in or
        contribute to the repairing of the fence in such proportions as shall
        be agreed upon or, in default of agreement, determined by the
        Magistrates' Court under this Part.