Victorian Consolidated Legislation

Fences Act 1968 - SECT 24

Proportion of contribution to vermin-proof fence a charge on land until paid

24. Proportion of contribution to vermin-proof fence a charge on land until
paid



(1) If any person served with a notice requiring him to contribute towards the
construction of a vermin-proof fence or the making of any dividing fence
vermin-proof proves to the satisfaction of the Magistrates' Court upon the
hearing of a complaint under section 7 that he is unable to contribute his
proportion of the cost of such construction or of the work of making the fence
already constructed vermin-proof the Court may make an order that the person
giving such notice shall be at liberty to construct the whole of the fence or
do the whole of the work.

(2) Upon the construction or work being completed the proportion of the cost
for which the person serving the notice is liable shall become and until paid
be and remain a charge upon the land, and the owner of the land until he pays
the amount of such proportion shall pay annually to the person so constructing
the fence or doing such work interest upon such amount at the rate of six per
centum per annum.

(3) If default is made in respect to any such annual payment of interest the
payment may be enforced at any time by the person entitled to receive the
interest in a summary way before the Magistrates' Court or by proceeding in
any court of competent jurisdiction.

(4) Every mortgagee or lienee of or over any land shall be at liberty when any
sum has pursuant to this Act become a charge upon such land to pay the amount
of such charge, and such payment when so made shall be deemed a part of the
principal sum secured by such mortgage or lien respectively and be subject to
the provisions powers and trusts thereof.

(5) When any order is made by the Magistrates' Court under this section the
amount which any person is liable to contribute as his proportion of the cost
of constructing a vermin-proof fence or of making vermin-proof any fence
previously constructed, may be determined by the Court at the time of making
such order, or if not then determined it may on the complaint of either party
or of the owner for the time being be determined by the Magistrates' Court at
any time subsequent to the construction of such fence or the doing of such
work.

(6) If the complaint is not the complaint of the owner for the time being the
Court may direct that the owner be made a party to and served with a copy of
the complaint and may adjourn the hearing to enable the owner to appear.