## Western Australian Current Acts

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DIVIDING FENCES ACT 1961 - SECT 19

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**19 ****. Apportionment
of costs of fencing as between landlord and tenant **

(1) Where, under the
provisions of this Act, a fence is constructed or repaired, if the fence
divides any land held by a person as tenant of any landlord from any adjoining
lands, the contribution payable in respect of the cost of such construction or
repair as between that landlord and tenant shall, unless otherwise agreed upon
by the parties concerned, be payable in the proportions following: —

(a) if
the interest of the tenant at the time of the construction or repair of the
fence is less than for a term of 5 years, the landlord shall pay the whole of
the cost;

(b) if
the interest of the tenant at such time is for a term of 5 years or more and
less than for a term of 7 years, the landlord shall pay three-fourths of the
cost and the tenant shall pay one-fourth of the cost;

(c) if
the interest of the tenant at such time is for a term of 7 years or more and
less than a term of 12 years, the landlord and the tenant shall each pay
one-half of the cost;

(d) in
case the interest of the tenant at such time is for a term of 12 years or
more, the tenant shall pay the whole of the cost.

(2) Where either the
landlord or the tenant pays a greater proportion of the cost than he is
required to pay under this section, he may recover, in manner referred to in
section 18(1), the excess from his tenant or landlord, and any tenant may set
off any sum recoverable by him under this section against any rent payable to
his landlord.

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