Victorian Consolidated Legislation

Fences Act 1968 - SECT 15

Procedure for compelling repairs, or contribution to repairs

15. Procedure for compelling repairs, or contribution to repairs



(1) Where an occupier of land desires the occupier of adjoining lands to
repair, or join in or contribute to the repairing of, a dividing fence, he may
serve a notice on the occupier of the adjoining lands requiring him to repair,
or join in or contribute to the cost of the repairing of, the fence (as the
case may be).

(2) If the occupier served with the notice refuses or neglects to repair or
join in or contribute to the cost of repairing the fence (as the case may be)
for the space of one week after service of the notice, the occupier serving
the notice may repair the fence and demand and recover from the occupier of
the adjoining lands the cost of repairing the fence or the proportion of the
cost of repairing the fence which is agreed upon or in default of agreement,
determined by the Magistrates' Court under this Part.

(3) Notwithstanding anything to the contrary in subsections (1) and (2), if a
dividing fence or any portion of a dividing fence is destroyed by accident
either occupier may immediately repair the fence without any notice, and
demand and recover from the other occupier the proportion of the cost of
repairing the fence which is agreed upon, or in default of agreement,
determined by the Magistrates' Court under this Part.