Victorian Current Acts Victorian Current Acts(1) If an owner of land proposes to undertake fencing works and any subsidiary works for a dividing fence for the land and any adjoining land, the owner may give a notice under this section to the owner of the adjoining land seeking the agreement of the owner of the adjoining land to the proposal to carry out the fencing works and any subsidiary works.
Note
Section 14 makes provision for locating an owner of adjoining land. Sections 19 and 21 make provision for when an owner of adjoining land cannot be located.
(2) In a notice given under subsection (1), the notifying owner may require the adjoining owner to contribute, under this Act, to the fencing works and any subsidiary works.
(3) A notice given under subsection (1) must be in writing and contain the following information—
(a) the date of the notice;
(b) the name and contact details of the notifying owner;
(c) a statement that the notice is a notice under section 13 of this Act;
(d) the boundary line on which the fencing works and any subsidiary works are proposed to be carried out or, if it is impracticable to carry out the works on the common boundary because a waterway or other obstruction (whether natural or manmade) is on, or forms, the common boundary, the line on which it is proposed to carry out the works;
(e) if a dividing fence is not required for part of the common boundary because a waterway or other obstruction (whether natural or manmade) is on, or forms, the common boundary, a statement to that effect;
(f) the type of fencing works and any subsidiary works proposed to be carried out, including the type of fence to be constructed or the nature of the repairs or maintenance;
(g) the name and contact details of any person who may be engaged to undertake the fencing works and any subsidiary works proposed to be carried out;
(h) if the notifying owner requires the adjoining owner to contribute under this Act—
(i) an estimate of the cost of the fencing works and any subsidiary works proposed to be carried out and an explanation of the basis of that estimate; and
(ii) the proportion of the estimated cost that each owner is proposed to contribute; and
(iii) the estimated amount that the adjoining owner will be required to contribute;
(i) a statement that either owner may seek assistance from the Dispute Settlement Centre of Victoria to resolve any disputes about the proposed fencing works and any subsidiary works.
(4) Failure to include the information referred to in subsection (3)(a), (b), (g) or (i) in a notice given under subsection (1) does not invalidate the notice.
(5) A notice under this section may be in the prescribed form.
(6) For the avoidance of doubt, this section applies whether or not an adjoining owner is in occupation of the land.
Notes
1 Any form in or to the like effect of the prescribed form is sufficient in law: see section 53 of the Interpretation of Legislation Act 1984 .
2 The giving of a fencing notice to an owner does not apply to another person who subsequently acquires the land. A new fencing notice will need to be given.
S. 14 substituted by No. 30/2014 s. 6.