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FENCES ACT 1968 - SECT 35 No entitlement to possession if fence not on common boundary because of waterways and other obstructions

FENCES ACT 1968 - SECT 35

No entitlement to possession if fence not on common boundary because of waterways and other obstructions

If, under this Act, owners agree or the Magistrates' Court orders, that fencing works and any subsidiary works are to be carried out on a line that is not the common boundary because it is impracticable to carry out the works on the common boundary because a waterway or other obstruction (whether natural or manmade) is on, or forms, the common boundary—

        (a)     an owner is not taken to be in possession of any part of the adjoining land that the owner occupies merely because of the placement of the fence; and

        (b)     the construction of the fence does not affect the title to, or possession of, the adjoining land.

New s 36 inserted by No. 30/2014 s. 10.