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FENCES ACT 1968 - SECT 21 Recovering contributions from owner of adjoining land for works commenced under section 19

FENCES ACT 1968 - SECT 21

Recovering contributions from owner of adjoining land for works commenced under section 19

    (1)     If an owner of land who commences fencing works and any subsidiary works under section 19 seeks to recover a contribution from the owner of the adjoining land, the owner may do so by filing a complaint in the Magistrates' Court seeking an order under section 30C.

    (2)     An owner of land who is unable to locate the owner of the adjoining land after making reasonable inquiries may file the complaint in the Magistrates' Court without having located the owner of the adjoining land.

    (3)     If the owner of the adjoining land is liable to contribute to fencing works and any subsidiary works under an order made by the Magistrates' Court in that owner's absence ( first order ), and that owner considers that the first order is inequitable, that owner may seek a further order under section 30C by filing a complaint in the Magistrates' Court within 30 days after the service of the first order.

New s. 22 inserted by No. 30/2014 s. 6.