Victorian Consolidated Legislation

Fences Act 1968 - SECT 5

Where watercourse is natural boundary, occupiers may agree on line of fence

5. Where watercourse is natural boundary, occupiers may agree on line of fence



(1) Where a waterway forms the boundary between adjoining lands but is not
capable of resisting the trespass of cattle, the occupiers of the adjoining
lands may agree upon such a line of fence on either side of the waterway as
will secure a fence from the action of floods.

(2) If the occupiers fail to agree upon a line of fence, either occupier may
call in the nearest magistrate who shall-

   (a)  determine the line of fence; and

   (b)  decide whether any compensation in the shape of an annual payment
        shall be paid to either of the occupiers in consideration of loss of
        occupation of land, and if any, the amount of the compensation.

(3) The magistrate shall be entitled to receive from the occupiers in equal
proportions the actual cost of his travelling expenses (if any) incurred in
visiting and inspecting the ground.

(4) The occupation of lands on either side of the line of fence shall not be
deemed to be adverse possession, and shall not affect the title to or
possession of any of the adjoining lands, except for the purposes of this Act.