Victorian Consolidated Legislation

Fences Act 1968 - SECT 23

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

23. Recovery of one-half of value of vermin-proof fence dividing unalienated
land



(1) Where any person constructs on the boundary of his land a vermin-proof
fence and the land immediately 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 vermin-proof fence forming 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) In ascertaining or determining for the purposes of this section the value
of any fence containing wire netting, there shall be deducted from the value
of the fence any proportion of the value of the wire netting which is
attributable to assistance provided under the Wire Netting Act 1958.

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