New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 5

5 Adjoining owners--land separated by road or watercourse

(1) The intervention of a road or watercourse between 2 parcels of land does not prevent:

(a) the owners of those parcels of land from being taken to be adjoining owners for the purposes of this Act, or

(b) a claim for contribution for fencing work being brought in respect of a fence on either side of the road or watercourse.

(2) This section applies only if the fence has been used or, in the opinion of the Local Court or the Civil and Administrative Tribunal could reasonably be used, as a dividing fence by the owners of the land on either side of it.