Victorian Consolidated Legislation

Fences Act 1968 - SECT 4

PART I CONSTRUCTION OF DIVIDING FENCES

Liability of occupiers of adjoining lands to fence despite agreements

4. Liability of occupiers of adjoining lands to fence despite agreements



(1) The occupiers of adjoining lands not divided by a fence sufficient for the
purposes of both occupiers shall be liable to construct, or join in or
contribute to the construction of, a dividing fence sufficient for the
purposes of both occupiers between the adjoining lands in accordance with the
following provisions-

   (a)  in cases where land is occupied for agricultural or pastoral purposes,
        and the adjoining land is occupied for residential purposes-

   (i)  where the adjoining lands are not divided by any dividing fence, or
        are divided by a dividing fence which is of a kind sufficient only for
        the purposes of the occupier of the land occupied for agricultural or
        pastoral purposes and which is out of repair-the occupier of the land
        occupied for agricultural or pastoral purposes shall be liable to join
        in or contribute only to the extent of one-half of the cost of a
        dividing fence sufficient for the purposes for which he occupies the
        land, and the occupier of the adjoining land shall be liable to join
        in or contribute to the extent of the balance;

   (ii) where the adjoining lands are divided by a dividing fence which is
        sufficient only for the purposes of the occupier of the land occupied
        for agricultural or pastoral purposes and which is in repair-the
        occupier of the land adjoining the land used for agricultural or
        pastoral purposes shall be liable to construct the whole of the new
        dividing fence;

   (b)  in other cases-the occupiers of the adjoining lands shall be liable to
        join in or contribute in such proportions as are agreed upon or, in
        the absence of agreement, are determined by the Magistrates' Court
        under this Act.

(2) Save as otherwise expressly provided in this Part, the provisions of this
Part shall have effect notwithstanding any stipulation to the contrary whether
made before or after the commencement of this Act, and no contract or
agreement made or entered into either before or after the commencement of this
Act shall operate to annul or vary or exclude any of the provisions of this
Part, or to indemnify any person against any claims made under this Part.