Victorian Current Acts

FENCES ACT 1968

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title and commencement  
   3.      Definitions  
   4.      Meaning of owner  
   5.      Meaning of reasonable inquiries  
   6.      When is a dividing fence a sufficient dividing fence?  

   PART 2--CONTRIBUTING TO FENCES

   7.      General principle—owners are liable to contribute in equal proportions to a sufficient dividing fence  
   8.      Fences of a greater standard than sufficient dividing fences  
   9.      Owners who damage or destroy a dividing fence  
   10.     Circumstances where long-term tenants may be liable to contribute to fencing works  

   PART 3--PROCEDURES

           Division 1--Procedure for fencing works

   11.     Meaning of adjoining owner and notifying owner in Division 1  
   12.     Owners must not undertake fencing works unless in accordance with an agreement or otherwise in accordance with this Act  
   13.     Seeking agreement to proposed fencing works under the Act—giving a fencing notice  
   14.     Owner must make reasonable inquiries to locate adjoining owner  
   15.     Additional notices where a long-term tenant may be liable to contribute  
   16.     Owners may agree on a fence line other than common boundary where waterway or other obstruction  
   17.     Procedure if adjoining owner responds but owners do not agree  
   18.     Procedure if long-term tenant responds but does not agree  
   19.     Procedure if adjoining owner has not responded or cannot be located  
   20.     Procedure if long-term tenant has not responded  
   21.     Recovering contributions from owner of adjoining land for works commenced under section 19  
   22.     Recovering contributions from long-term tenant for works commenced under section 20  

           Division 2--Procedure for urgent fencing works

   23.     Urgent fencing works may be carried out  
   24.     Requiring an owner to contribute to urgent fencing works once complete  
   25.     Procedure if adjoining owner responds to urgent fencing notice but does not agree  
   26.     Procedure if adjoining owner does not respond to urgent fencing notice  

           Division 3--Process if common boundary not agreed

   27.     Meaning of adjoining owner and notifying owner in Division 3  
   28.     Boundary survey notice  
   29.     Response to boundary survey notice  
   30.     Boundary survey  
   30A.    Contributions to boundary survey  
   30B.    Right to file complaint in Magistrates' Court suspended while common boundary established  

   PART 4--RESOLVING FENCING DISPUTES

   30C.    Orders about fencing works  
   30D.    Orders about fencing works—long-term tenants  
   30E.    Adverse possession claims arising from fencing disputes  
   30F.    If adjoining owner defaults on agreement or order  
   30G.    Recovery of money—landlord against long-term tenant who is liable  
   30H.    Recovery of money for a dividing fence where unalienated Crown land is first acquired  
   30I.    Substantial failure to comply required  

   PART 5--GENERAL PROVISIONS

   31.     Act not to apply to unalienated Crown lands  
   32.     Placement of rails and framing  
   33.     Right to access adjoining land to undertake fencing works  
   34.     Act not to affect agreements, other laws etc  
   35.     No entitlement to possession if fence not on common boundary because of waterways and other obstructions  
   36.     Act does not apply in certain circumstances—owners corporations  
   37.     Giving notices under this Act  
   38.     Regulations  
   39.      Transitional provisions  
           ENDNOTES