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Fencing Act 1978  050
Commenced: 1 Apr 1979
III: Liability for Work on a Fence
21   Give and take fence




   21. Give and take fence---(1) Where it is impracticable or undesirable
 to erect a fence on the boundary of adjoining lands, and the occupiers
 cannot agree upon a line of fence on either side of that boundary, the
 line of the fence shall be determined by the Court in manner hereafter
 provided in this section.

   (2) The Court may inspect, or may appoint one or more persons to
 inspect, the proposed line of fence, and shall determine whether a fence
 is necessary, and (if so) what line is to be adopted; and whether any,
 and (if so) what compensation (whether an annual payment or otherwise)
 is to be made to either of the occupiers in consideration of loss of
 occupation of land.

   (3) The reasonable costs of inspection shall be borne as the Court in
 its discretion shall direct.

   (4) The occupation of lands on either side of the line of fence shall
 not constitute a tenancy or be deemed adverse possession, and shall not
 affect the title to or possession of any lands, save for the purposes of
 this Act.
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