Victorian Current Acts

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FENCES ACT 1968 - SECT 28

Boundary survey notice

    (1)     An owner of land may give notice under this section to the owner of the adjoining land of the owner's intention to engage a licensed surveyor to have the common boundary defined.

    (2)     A notice under this section must be in writing and specify the position that the notifying owner thinks is the position of the common boundary unless the notifying owner has specified that position in a fencing notice given to the adjoining owner.

    (3)     A notifying owner must not give a notice under this section unless—

        (a)     the notifying owner has given or received a fencing notice in respect of the adjoining lands and the owners do not agree on the position of a common boundary; or

        (b)     the notifying owner gives a fencing notice in respect of the adjoining lands to the adjoining owner at the same time as giving a notice under this section.

New s. 29 inserted by No. 30/2014 s. 6.



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