Fencing Act 1978
050
Commenced: 1 Apr 1979
ANALYSIS
Analysis
Title
1 Short Title and commencement
I: Interpretation and Application
2 Interpretation
3 Application of Act
II: Agreements
4 Act not to interfere with agreements
5 Fencing covenants and agreements registrable
6 Registration of fencing covenants to expire after 12 years
7 Creation of fencing covenants
8 Fence not to encroach without consent or Court Order
III: Liability for Work on a Fence
9 Adjoining occupiers to share cost of fencing
10 Notice to do work to be given
11 Objections to proposed fence
12 Service of notices
13 Where notices vary
14 Provision for doing work
15 Effect of change of occupier
16 Contribution where immediate work required
17 Liability for damage caused by occupier
18 Person taking advantage of fence
19 Fence erected when occupier of adjoining land exempt from liability therefor
20 Crown tenant's option
21 Give and take fence
22 Where fence to be built
IV: Procedure
23 Proceedings to be in accordance with Magistrates' Courts Act 1947
24 Jurisdiction of the Court
25 Power to come in and defend proceedings
V: Miscellaneous Provisions
26 Right of persons constructing fences to enter on adjoining land
27 Rules
28 Repeals and savings
Schedule(s)
1 FIRST SCHEDULE: Forms
2 SECOND SCHEDULE: Specimen Types of Fence
3 THIRD SCHEDULE: Enactments Repealed