Western Australian Current Acts

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DIVIDING FENCES ACT 1961 - SECT 16

16 .         Liability of person using fence on further side of road

        (1)         Where the owner of land bounded by a road constructs a sufficient fence on the boundary of the land and the road and another owner of land afterwards adopts any means whereby his land is in any way enclosed by that fence, or afterwards avails himself of that fence or renders it of beneficial use to himself, the last-mentioned owner is liable, so long as his land is so enclosed or he avails himself of the fence or makes beneficial use of it, to join in or contribute in equal proportions to the repair of so much of the fence as encloses his land or is availed or made beneficial use of by him.

        (2)         In this section owner includes any person who, at the time —

            (a)         of the construction of the fence referred to in subsection (1); or

            (b)         of adopting any means whereby his land is in any way enclosed by the fence; or

            (c)         of availing himself of the fence; or

            (d)         of rendering the fence of beneficial use to himself,

                is the holder of a lease the unexpired portion of the term of which is not less than 5 years.



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