Western Australian Current Acts

DIVIDING FENCES ACT 1961 - SECT 12

12 .         Proceedings for defining boundary line by surveyor

        (1)         When the owners of adjoining lands do not agree as to the accurate position of the common boundary line between those lands upon which either of the owners desires a dividing fence to be constructed pursuant to this Act, either one may give notice to the other of his intention to have that line defined by a surveyor.

        (2)         The owner to whom a notice under subsection (1) is given shall, within 7 days after the giving of the notice —

            (a)         if satisfied of the accurate position of the common boundary line, define the line by pegs; or

            (b)         employ a surveyor to define the common boundary line,

                and where that owner has taken action under either paragraph (a) or paragraph (b), he shall as soon as practicable thereafter give the owner of the adjoining land notice of the action he has taken.

        (3)         If within one month from the giving of a notice pursuant to subsection (1), the owner to whom the notice was given —

            (a)         has defined the common boundary line by pegs; or

            (b)         has failed to have the common boundary line defined by a surveyor,

                then the owner who gave the notice may have that line defined by a surveyor.

        (4)         If the common boundary line when defined by a surveyor is found to be in the same position as defined by any pegs placed there by the owner receiving the notice given pursuant to subsection (1), that owner is entitled to recover any costs of the survey, if any, incurred by him from the owner giving the notice, but in all other cases where a surveyor has been employed for the purposes of this section all reasonable expenses incurred shall be paid in equal shares by the owners of the adjoining lands.