Part 2 Liability for fencing work

6   General principle—liability for fencing work

(1)  An adjoining owner is liable, in respect of adjoining lands where there is no sufficient dividing fence, to contribute to the carrying out of fencing work that results or would result in the provision of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.

(2)  This section applies whether or not a dividing fence already separates the adjoining lands.

7   Contribution as between adjoining owners—generally

(1)  Adjoining owners are liable to contribute in equal proportions to the carrying out of fencing work in respect of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.

(2)  An adjoining owner who desires to carry out fencing work involving a dividing fence of a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent to which it exceeds the standard for a sufficient dividing fence.

(3)  An adjoining owner who desires to carry out the trimming, lopping or removal of vegetation (as referred to in paragraph (b) of the definition of fencing work in section 3) for a purpose other than the provision of a sufficient dividing fence is liable for the expenses of carrying out the work to the extent to which those expenses are attributable to work done for that other purpose.

8   Contribution where negligent or deliberate act

(1)  Despite section 7, an adjoining owner is liable for up to the whole cost of the fencing work required to restore a dividing fence that has been damaged or destroyed by a negligent or deliberate act of the owner or of a person who has entered the land concerned with the express or implied consent of the owner.

(2)  Any such dividing fence is to be restored to a reasonable standard, having regard to its state before the damage or destruction.

(3)  In determining an adjoining owner’s liability under this section, it does not matter if the negligent or deliberate act concerned took place before the commencement of this section.

9   Contribution when urgent fencing work is required

(1)  This section applies to a dividing fence that has been damaged or destroyed (in whole or in part) and in the circumstances requires urgent fencing work.

(2)  If it is impracticable to serve a notice under section 11 in respect of a dividing fence to which this section applies, an adjoining owner may, without serving such a notice, carry out the urgent fencing work required to restore the dividing fence.

(3)  The other adjoining owner is liable for half the cost (or a greater proportion if section 8 applies) of the urgent fencing work.

(4)  Any such liability may be reviewed by the Local Court or a local land board on the application by that owner to the Court or board within 1 month after the work has been completed (or within such later period as the Court or board may allow).

10   Fencing easements etc extinguished

No obligation to perform fencing work arises or is taken to arise by prescription or implication under the common law.