Part 2 Liability for fencing work
6 General principle—liability for fencing
(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
(2) This section applies whether or not a dividing fence already
separates the adjoining lands.
7 Contribution as between adjoining
(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
(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
(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
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
(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
(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
(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
(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.