{"id":"fences-act-1975","name":"Fences Act 1975","slug":"fences-act-1975","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32058,"registerId":"sa-fences-act-1975-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fences Act 1975","content":"South Australia\nFences Act 1975\nAn Act to provide for the erection, replacement, repair and maintenance of fences; and for other purposes.\n\nContents\n1\tShort title\n3\tSaving provisions\n4\tInterpretation\n5\tNotice of intention to perform fencing work\n6\tCross-notice\n7\tAgreement upon basis of proposals and counter-proposals\n8\tPerformance of fencing work\n9\tWhereabouts of adjoining owner unknown\n10\tNo adjoining owner\n11\tCase where fence divides land from public road and owner of land abutting upon road derives benefit from fence\n12\tPowers of court\n12A\tVariation of cost of work on appeal\n14\tLandlord and tenant\n15\tContribution as between life tenant and remainderman\n16\tDamage to or destruction of dividing fence\n17\tPosition of fence does not give rise to title by adverse possession\n18\tPower of entry\n19\tManner in which notice is to be given\n20\tApplication of Act to land of the Crown and councils\n21\tExtinguishment of prescriptive fencing rights\n22\tClearing of scrub in certain areas\n23\tDepartures from requirements of this Act\n24\tRules of court\n25\tThis Act is not to derogate from powers conferred by other legislation\nSchedule\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Fences Act 1975.\n3—Saving provisions\n\t(2)\tAny proceedings commenced pursuant to the repealed Act may be continued and completed subject to and in accordance with the provisions of that Act in all respects as if this Act had not been enacted.\n\t(3)\tSection 10A and section 11 of the repealed Act shall continue to apply in relation to a dividing fence constructed prior to the commencement of this Act, and any rights that have accrued to any person pursuant to either of those sections, whether before or after the commencement of this Act, may be pursued by him subject to and in accordance with the provisions of the repealed Act.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadjoining owners means the owners of contiguous land;\ncost in relation to fencing work—\n\t(a)\tincludes the cost of any survey that is reasonably required for the purposes of the fencing work; and\n\t(b)\tincludes the cost of any work reasonably required to facilitate the performance of the fencing work; and\n\t(c)\twhere an adjoining owner has done, or proposes to do, any of the work personally, includes a reasonable allowance for his labour;\ncouncil means a municipal or district council and includes any body corporate that is, by virtue of any Act, deemed to be, or vested with the powers of, a municipal or district council;\ncourt means the Magistrates Court;\nCrown lands means Crown lands within the meaning of the Crown Lands Act;\ndividing fence means a fence dividing contiguous land of adjoining owners;\nfencing work means the erection of a new dividing fence, or replacement, repair or maintenance work in relation to an existing dividing fence;\nowner—\n\t(a)\tin relation to land alienated from the Crown by grant, means the proprietor at law or in equity of—\n\t(i)\tan estate of fee simple in the land; or\n\t(ii)\ta life estate in the land; and\n\t(b)\tin relation to land of the Crown subject to an agreement for sale, or a right of purchase, means the person entitled to the benefit of that agreement or right of purchase; and\n\t(c)\tin relation to land held of the Crown under a lease, means the lessee; and\n\t(d)\tin relation to land held of the Crown under a licence, the term of which exceeds twelve months, means the licensee,\nand includes an occupier of land who, with the consent of the owner, carries out, or proposes to carry out, fencing work in relation to the land;\nproponent and adjoining owner mean, respectively—\n\t(a)\tthe owner of land who proposes to erect a fence dividing his land from contiguous land, or to perform replacement, repair, or maintenance work in relation to such a fence; and\n\t(b)\tthe owner of that contiguous land;\npublic road means a road or thoroughfare to which the public has access;\nreplacement, repair or maintenance work means the replacement, repair or maintenance of the whole or any part of a fence and includes trimming or maintaining any vegetation that serves as a fence, and cleaning, deepening, straightening, enlarging or altering any watercourse, ditch or channel or other geographical configuration that serves as a fence;\nthe repealed Act means the Fences Act 1924 repealed by this Act.\n\t(2)\tFor the purposes of this Act land is contiguous with other land if—\n\t(a)\tthere is a common boundary between that land and the other land; or\n\t(b)\tthat land is separated from the other land by a right of way of no more than one metre in width.\n5—Notice of intention to perform fencing work\n\t(1)\tWhere the owner of any land proposes to erect a fence dividing his land from the land of an adjoining owner, he may serve notice of that intention upon the adjoining owner.\n\t(2)\tThe notice must be in the Form No 1 in the Schedule to this Act and must state—\n\t(a)\tthe length and position of the proposed fence;\n\t(b)\tthe nature of the proposed fence;\n\t(c)\tan estimate of the cost of the erection of the proposed fence;\n\t(d)\tthe amount that the proponent seeks to recover from the adjoining owner towards the cost of the proposed fence;\n\t(e)\twhere the proposed line of the fence encroaches into the land of the adjoining owner, whether the proponent proposes to pay compensation to the adjoining owner for loss of occupation, and, if so, the amount of that compensation;\n\t(f)\tthe name and address of any contractor or other person by whom the proposed fence is to be erected.\n\t(3)\tWhere the owner of any land proposes to perform any replacement, repair or maintenance work in relation to a fence dividing his land from the land of an adjoining owner, he may serve notice of that intention upon the adjoining owner.\n\t(4)\tThe notice must be in the Form No 2 in the Schedule to this Act and must state—\n\t(a)\tthe nature and location of the proposed work; and\n\t(b)\tthe cost of the proposed work; and\n\t(c)\tthe amount that the proponent seeks to recover from the adjoining owner towards the cost of the proposed work; and\n\t(d)\tthe name and address of any contractor or other person by whom the proposed work is to be performed.\n6—Cross-notice\n\t(1)\tWhere an adjoining owner objects to any of the proposals contained in a notice served upon him in pursuance of this Act, he may, within thirty days after the service of the notice, serve a cross-notice upon the proponent.\n\t(2)\tThe cross-notice must be in the Form No 3 in the Schedule to this Act and—\n\t(a)\tmust state to which of the proposals the adjoining owner objects; and\n\t(b)\tmay contain counter-proposals in relation to the proposed erection of a fence or the proposed performance of replacement, repair or maintenance work.\n\t(3)\tWhere the proponent objects to any counter-proposal contained in a cross-notice under this section, he may, within thirty days after the service of the notice, serve notice in writing of his objection upon the adjoining owner.\n\t(4)\tAn objection may be made to a proposal or counter-proposal either because the objector objects generally to the proposals or counter-proposals or because of some specific objection to the proposal or counter-proposal but it shall not be necessary to assign any reason for an objection in a notice under this Act.\n7—Agreement upon basis of proposals and counter-proposals\nWhere a person to whom a proposal or counter-proposal has been made under this Act does not serve notice of his objection to the proposal or counter-proposal in accordance with this Act, he shall be deemed to have agreed to the proposal or counter-proposal.\n8—Performance of fencing work\n\t(1)\tWhere notice of the proposed erection of a fence, or the proposed performance of replacement, repair or maintenance work in relation to a fence has been served in accordance with this Act, the proponent may proceed with the fencing work—\n\t(a)\tafter the expiration of thirty days from the date of service of the notice, if he is not served with a cross-notice during that period; or\n\t(b)\tif he is served with a cross-notice during that period, after agreement has been reached upon the proposals and counter-proposals (if any) or any differences have been adjudicated upon by the court.\n\t(2)\tExcept as otherwise provided in this Act, no contribution shall be recoverable under the provisions of this Act in respect of fencing work performed before the proponent becomes entitled to proceed with the fencing work under subsection (1) of this section.\n\t(3)\tIf the proponent does not proceed with the fencing work within twenty-eight days after the day on which he becomes entitled to do so in accordance with subsection (1) of this section, or such longer period as may be agreed upon by the parties or fixed by the court, the adjoining owner may proceed with the fencing work.\n\t(4)\tIf the fencing work is discontinued by either party for more than twenty-eight days prior to its completion the other party may proceed to complete the work.\n\t(5)\tIf neither the proponent nor the adjoining owner proceeds with the fencing work for a period in excess of the prescribed period, or the work is discontinued for any such period, the agreement shall, as to the part of the work that then remains to be performed, lapse.\n\t(6)\tThe prescribed period referred to in subsection (5) of this section is a period agreed upon by the proponent and the adjoining owner, or determined by order of the court, or in the absence of any such agreement or order, a period of four months.\n9—Whereabouts of adjoining owner unknown\n\t(1)\tWhere a person desires to perform fencing work in the nature of erecting, replacing, repairing, or maintaining a dividing fence, and the identity or whereabouts of the adjoining owner has not, after reasonable inquiry by the proponent, been ascertained, he may—\n\t(a)\taffix a notice of his intention to perform the fencing work in the Form No 1 of the Schedule to this Act on some prominent part of the land of the adjoining owner, and, if no cross-notice is served upon him in accordance with this Act, proceed with the work as if the adjoining owner had agreed to the proposals contained in the notice; or\n\t(b)\tapply to the court for a determination under subsection (2) of this section.\n\t(2)\tThe court may upon the hearing of an application for a determination under this subsection approve, with or without modification, a proposal for the performance of fencing work submitted to the court by the proponent, and order that an amount, determined by the court, be paid by the adjoining owner towards the cost of the fencing work.\n\t(3)\tWhere the identity and whereabouts of the adjoining owner, or a successor in title to the adjoining owner, are ascertained the proponent or a person claiming under him—\n\t(a)\tmay institute proceedings for the recovery of contribution towards the cost of the fencing work; or\n\t(b)\tproceed to enforce an order under this section against him.\n\t(4)\tIn proceedings under paragraph (a) of subsection (3) of this section the court may order the payment of such contribution as it considers just in the circumstances.\n10—No adjoining owner\n\t(1)\tWhere a person proposes to perform fencing work in the nature of erecting, replacing, repairing or maintaining a dividing fence, and there is no adjoining owner of the contiguous land from which his land is or is to be divided, he may apply to the court for a determination under this section.\n\t(2)\tThe court may, upon the hearing of the application approve, with or without modification, a proposal for the performance of fencing work submitted to the court by the proponent, and may order that when a person becomes the owner of the contiguous land, he shall pay to the proponent an amount, determined by the court, towards the cost of the fencing work.\n11—Case where fence divides land from public road and owner of land abutting upon road derives benefit from fence\n\t(1)\tWhere a person has erected a fence dividing his land from a public road, and any other person who is the owner of land abutting upon the road derives use of, or benefit from the fence, by reason of the proximity of the fence to his own land the person by whom the fence has been erected may institute proceedings in the court for the recovery from that other person of a contribution towards the cost of erecting the fence or any further fencing work in relation to the fence.\n\t(2)\tThe court may order the person against whom the proceedings are taken to make such contribution as it considers just in view of the benefit that he derives in consequence of the erection of the fence or the performance of the further fencing work.\n12—Powers of court\n\t(1)\tWhere any difference or dispute arises in relation to fencing work, or any liability arising under this Act, any person affected by the difference or dispute may by application to the court seek a determination of the matter.\n\t(2)\tUpon the hearing of an application under subsection (1) of this section the court may determine the matter in such manner as it considers just and may—\n\t(a)\tmake any finding, determination or order in relation to the erection of a fence, the nature of the fence to be erected, the line of fence to be adopted and the amount of compensation (if any) to be paid for loss of occupation of land as a result of the erection of a fence otherwise than upon the boundary of contiguous land; and\n\t(b)\tmake any finding, determination or order in relation to the performance of replacement, repair or maintenance work in relation to a dividing fence; and\n\t(c)\tdetermine the person or persons by whom any fencing work is to be performed, and where it is to be performed by different persons, the part of the work to be performed by each; and\n\t(d)\tre-open and correct or vary any agreement arrived at under this Act (including an agreement that is, by virtue of section 7 of this Act, deemed to have been made) upon such terms as the court considers just; and\n\t(e)\tre-consider and vary upon such terms as the court considers just an order under section 9 or section 10 of this Act; and\n\t(f)\tdetermine the time at which fencing work is to be performed and the manner of its performance; and\n\t(g)\tmake any order that may be necessary or expedient in relation to entry upon or access to land for the purposes of performing fencing work; and\n\t(h)\torder the removal of a fence or any portion of a fence not erected upon the proper boundary; and\n\t(i)\tdetermine the cost of fencing work and the persons by whom and the proportions in which the cost is to be borne; and\n\t(j)\tmake any order or give any direction that may be necessary or expedient to overcome difficulties ascertained during the progress of fencing work; and\n\t(k)\tdetermine, and order payment of, compensation for any damage for which compensation is payable under this Act, or any other Act or law; and\n\t(l)\tmake such order for costs as the court considers just.\n\t(3)\tThe court may, on the application of any interested person, extend any limitation of time prescribed by this Act (whether or not the time so limited has expired).\n\t(4)\tWhere the owner of land claims to be entitled to the payment of an amount from an adjoining owner in respect of the performance of fencing work either in pursuance of the provisions of this Act, or any agreement under this Act, he may apply to the court for an order for payment of that amount.\n\t(5)\tThe court may upon an application under subsection (4) of this section make an order for any person to pay an amount for which he is so liable.\n\t(6)\tSubject to subsection (7) of this section, any dispute as to the relative proportion in which the cost of fencing work is to be borne as between adjoining owners shall be determined according to the benefit that each of the adjoining owners derives from the performance of the fencing work, and, in the absence of proof to the contrary it shall be presumed that the adjoining owners derive equal benefit from the performance of the fencing work.\n\t(7)\tIf fencing work consists in the erection of an adequate fence or a fence of better quality than an adequate fence, or the conversion of an existing fence into an adequate fence or a fence of better quality than an adequate fence, then, in the absence of agreement between the adjoining owners, the contribution for which an adjoining owner is liable shall be one-half of the minimum cost of erecting an adequate fence, or converting the existing fence into an adequate fence.\n\t(8)\tFor the purposes of this section—\n\t(aa)\tin the case of a fence dividing land, of not less than 0.8 hectare in area, used for primary production purposes from land used for residential or other purposes—an adequate fence is a fence that is adequate for the primary production purposes or a fence that is adequate for the residential or other purposes, whichever would cost less; and\n\t(a)\tin any other case—an adequate fence is a fence that conforms with general standards of good fencing existing in the locality in which the fencing work has been or is to be performed and is adequate for the purposes of the owner against whom contribution is sought; and\n\t(b)\ta fence may be an adequate fence notwithstanding that it is discontinuous where any vegetation, watercourse, ditch or other geographical configuration serves as a fence or portion thereof.\n\t(9)\tAny person who is, in accordance with this Act, liable to either of the adjoining owners of land in respect of fencing work shall be entitled to appear in any proceedings relating to that fencing work under this section.\n\t(10)\tIn this section—\nprimary production purposes means agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other activity consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation and harvesting of fish or other aquatic organisms.\n12A—Variation of cost of work on appeal\nOn an appeal against a determination or order of the court, the court hearing the appeal may, in addition to any other order it may make, vary any determination as to the cost of fencing work to take account of any variation in the cost subsequent to the determination.\n14—Landlord and tenant\n\t(1)\tSubject to any agreement between a landlord and tenant and the provisions of this section, the landlord may recover, as a debt due to him, contribution towards the satisfaction of any liability incurred by the landlord during the tenancy in respect of fencing work performed in relation to fences dividing the land occupied by the tenant from the land of adjoining owners.\n\t(2)\tThe contribution recoverable under subsection (1) of this section shall be determined in accordance with the following principles:\n\t(a)\twhere at the time of the performance of the fencing work a period of less than three years remains of the term of the tenancy, no contribution is payable by the tenant; and\n\t(b)\twhere at the time of the performance of the fencing work a period of at least three years but less than six years remains of the term of the tenancy, a contribution of one-quarter of the liability incurred by the landlord is payable by the tenant; and\n\t(c)\twhere at the time of the performance of the fencing work a period of at least six years but less than twelve years remains of the term of the tenancy, a contribution of one-half of the liability incurred by the landlord is payable by the tenant; and\n\t(d)\twhere at the time of the performance of the fencing work a period of at least twelve years remains of the term of the tenancy, the landlord may recover a sum sufficient to satisfy his total liability from the tenant.\n\t(3)\tSubject to any relevant agreement, where a tenant exercises a right or option to purchase land occupied by him for a sum fixed in an agreement, or fixed in accordance with principles contained in an agreement, with the landlord, the former landlord may recover as a debt from the former tenant, in augmentation of the purchase price, any sum paid by the landlord during the tenancy, in respect of fencing work relating to the land subject to the tenancy.\n\t(4)\tIt shall be a defence to an action for the recovery of any moneys under this section that—\n\t(a)\tthe fencing work was not required as a result of any act or default on the part of the tenant; and\n\t(b)\tthe tenant was not afforded adequate opportunity to make representations in relation to the proposals and counter-proposals (if any) before they became binding on the landlord or was afforded such an opportunity and objected to the proposals or counter-proposals by notice in writing served upon the landlord a reasonable time before the proposals or counter-proposals became binding upon him; and\n\t(c)\tthe tenant was not bound by the order of a court to make contribution towards the cost of the fencing work by order of a court made pursuant to the provisions of this Act before the commencement of the fencing work.\n15—Contribution as between life tenant and remainderman\n\t(1)\tWhere a life tenant incurs any liability for fencing work, he shall be entitled to recover from the remainderman or the reversioner a contribution towards that liability.\n\t(2)\tThe contribution to which a life tenant is entitled under this section shall be the proportion of the liability incurred by the life tenant that the value of the interest of the remainderman or reversioner bears to the value of an estate of fee simple in the land.\n16—Damage to or destruction of dividing fence\n\t(1)\tSubject to this section, where a dividing fence is damaged or destroyed, and there is an urgent need to repair or restore the fence, either of the adjoining owners may, without notice to the adjoining owner, carry out the requisite fencing work and recover from the other adjoining owner—\n\t(a)\tone-half of the cost of the fencing work; or\n\t(b)\tthe amount that the other adjoining owner would be liable to contribute if the dividing fence were to be replaced,\nwhichever is the lesser.\n\t(2)\tWhere a dividing fence is damaged or destroyed as a result of a wrongful act or default on the part of any person, an adjoining owner who has properly incurred any cost or expense in repairing or restoring the fence (whether in pursuance of this Act or otherwise) may recover from that person, as a debt, the cost or expense so incurred.\n\t(3)\tAn adjoining owner shall not be entitled to recover contribution for any fencing work under this Act in so far as that fencing work consists in the repair of damage resulting from his own wrongful act or default.\n17—Position of fence does not give rise to title by adverse possession\nNotwithstanding the provisions of the Real Property Act, where a dividing fence is erected otherwise than upon the boundary to contiguous land either in pursuance of an agreement under this Act, or of an order of the court, neither of the adjoining owners shall, by reason of his occupation of the land enclosed by the fence, be deemed to be in adverse possession of any land of the other so as to acquire title to that land in derogation of the title or interest of the other.\n18—Power of entry\n\t(1)\tSubject to subsection (2) of this section and to any agreement or order, any person may, for the purpose of carrying out authorised fencing work, enter at any reasonable time upon land with any vehicle or equipment reasonably required for the purposes of the fencing work and do anything that may be reasonably required for the purposes of the fencing work.\n\t(2)\tExcept in the case of an emergency, the powers conferred by this section shall not be exercised unless at least two days before the land is entered in pursuance of this section notice in writing of the intended entry has been served upon the owner of the land.\n\t(3)\tThe powers conferred by this section shall be exercised as far as reasonably practicable so as not to cause injury to the land or property of any other person.\n\t(4)\tIn this section—\nauthorised fencing work means—\n\t(a)\tfencing work in respect of which agreement has been reached in pursuance of this Act; or\n\t(b)\tfencing work authorised in accordance with the order of a court; or\n\t(c)\tfencing work otherwise authorised by this Act.\n19—Manner in which notice is to be given\n\t(1)\tAny notice under this Act must be signed by the person giving the notice or his solicitor, attorney or agent.\n\t(2)\tService of a notice under this Act must be effected personally or by registered post.\n20—Application of Act to land of the Crown and councils\n\t(1)\tSubject to subsection (2) of this section, this Act applies in respect of land of the Crown, an instrumentality or agency of the Crown, or a council.\n\t(2)\tThis Act does not apply in respect of any such land where—\n\t(a)\tthe land comprises, or is comprised in, a single parcel of land of more than one hectare in area; or\n\t(b)\tthe land comprises, or is comprised in a public road or a road reserve; or\n\t(c)\tthe land is exempted by regulation from the provisions of this Act.\n\t(3)\tThe Governor may, by regulation, exempt specified land, or land of a specified class, from the provisions of this Act.\n21—Extinguishment of prescriptive fencing rights\nAny obligation to fence land, or to maintain a fence in a state of repair, that may exist by prescription, is hereby extinguished.\n22—Clearing of scrub in certain areas\n\t(1)\tWhere a person proposes to perform fencing work on land, he may clear all scrub up to a width of two metres on each side of the fence, or the line of the proposed fence, and the cost of clearing the scrub shall be deemed to be part of the cost of performing the fencing work.\n\t(2)\tThe Governor may, by regulation, declare that this section shall not apply in respect of fencing work upon land, or land of a kind, specified in the regulation and the application of this section shall be modified accordingly.\n23—Departures from requirements of this Act\n\t(1)\tA notice or cross-notice that complies in substance with the requirements of this Act shall, notwithstanding that it is not in the form required by this Act, be deemed to comply with this Act.\n\t(2)\tWhere fencing work is carried out substantially in conformity with an agreement or order under this Act, the court before which any proceedings relating to the fencing work are brought may determine that subject to any adjustment or rights and liabilities ordered by the court, the rights and liabilities of the adjoining owners shall be determined as if the fencing work had been carried out in conformity with that agreement or order.\n\t(3)\tWhere a determination is made under subsection (2) of this section the rights and liabilities of the adjoining owners shall be determined in accordance with that determination.\n\t(4)\tThe court may not, when determining a matter in a minor civil action under this Act, exercise any discretionary power to disregard a requirement or provision of this Act or to provide a special form of relief that the court would (but for this subsection) be able to exercise only by virtue of the provisions of the Magistrates Court Act 1991 relating to minor civil actions.\n24—Rules of court\nRules of court regulating the practice and procedure of the court in proceedings under this Act may be made subject to and in accordance with the Magistrates Court Act 1991.\n25—This Act is not to derogate from powers conferred by other legislation\nThe provisions of this Act shall not be construed as derogating from powers conferred upon any authority, body or person by any other Act.\nSchedule\n\n\n\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Fences Act 1975 repealed the following:\nFences Act 1924\nFences Act Amendment Act 1926\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1975\n44\n Fences Act 1975\n10.4.1975\n16.10.1975 (Gazette 16.10.1975 p2011)\n1977\n23\n Fences Act Amendment Act 1977\n12.5.1977\n16.10.1975: s 2\n1983\n63\n Fences Act Amendment Act 1983\n22.9.1983\n22.9.1983\n1990\n57\n Fences Act Amendment Act 1990\n29.11.1990\n6.6.1991 (Gazette 6.6.1991 p1776)\n1991\n69\n Statutes Repeal and Amendment (Courts) Act 1991\n12.12.1991\n6.7.1992 (Gazette 2.7.1992 p209)\n1995\n27\n Statutes Amendment (Attorney-General's Portfolio) Act 1995\n27.4.1995\ns 14—10.7.1995 (Gazette 29.6.1995 p2973)\n1997\n59\n Statutes Amendment (Attorney-General's Portfolio) Act 1997\n31.7.1997\nPt 5 (ss 7 & 8)—14.9.1997 (Gazette 11.9.1997 p704)\n2023\n4\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 9 (s 21)—22.6.2023 (Gazette 15.6.2023 p1774)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 80.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\nomitted under Legislation Revision and Publication Act 2002\n\ns 3(3)\ninserted by 23/1977 s 3\n16.10.1975\ns 4\n\n\ns 4(1)\n\n\ncourt\nsubstituted by 69/1991 s 12(a)\n6.7.1992\ns 12\n\n\ns 12(8)\namended by 59/1997 s 7(a), (b)\n14.9.1997\ns 12(10)\ninserted by 59/1997 s 7(c)\n14.9.1997\ns 12A\ninserted by 57/1990 s 3\n6.6.1991\ns 13\namended by 63/1983 s 2\n22.9.1983\n\nsubstituted by 57/1990 s 4\n6.6.1991\n\ndeleted by 69/1991 s 12(b)\n6.7.1992\ns 16\n\n\ns 16(1)\nsubstituted by 59/1997 s 8\n14.9.1997\ns 20\n\n\ns 20(2)\namended by 23/1977 s 4(a)—(c)\n16.10.1975\ns 20(3)\ninserted by 23/1977 s 4(d)\n16.10.1975\ns 23\n\n\ns 23(4)\ninserted by 27/1995 s 14\n10.7.1995\ns 24\namended by 4/2023 s 21\n22.6.2023\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—6.7.1992\n\nReprint No 3—10.7.1995\n\nReprint No 4—14.9.1997\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating dividing fences between neighbours. While amendments have updated court references (Magistrates Court Act 1991) and clarified cost apportionment rules, the core scope — erecting, repairing, and maintaining boundary fences — has not expanded significantly beyond the 1975 intent. The 1997 amendment adding 'primary production purposes' to the adequate fence definition refined rather than broadened the scope."},"complexity_factors":["Moderate length (25 sections plus Schedule) but highly structured procedural framework","12 defined terms in section 4, including nested definitions for 'owner' covering 4 different land tenure scenarios","Multiple cross-referencing procedural steps (notices → cross-notices → deemed agreement → court adjudication)","Tiered contribution formulas in section 14 for landlord/tenant relationships (4 different time-based brackets)","Conditional logic for 'adequate fence' definition with a specific carve-out for primary production land exceeding 0.8 hectares","Nested exceptions in section 20(2) exempting Crown land over 1 hectare, road reserves, and regulation-exempted land","Interaction with multiple external statutes (Real Property Act, Crown Lands Act, Magistrates Court Act 1991)","Saving provisions in section 3 preserving rights under the repealed 1924 Act for pre-existing fences"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's rulebook for **dividing fences** — the fences that separate neighbouring properties. It sets out a formal process for neighbours to agree on building, repairing, or replacing shared fences, and who pays for what.\n\n**Who it affects:**\n\n- **Neighbouring property owners** (called \"adjoining owners\") who share a boundary fence\n- **Landlords and tenants** — special rules apply about who pays when a tenant is renting\n- **Life tenants and remaindermen** — people with different types of property interests\n- **Crown land and councils** — mostly covered, with some exceptions for large parcels or roads\n\n**How it works:**\n\n1. **Notice**: If you want to build or fix a fence, you must serve a formal notice on your neighbour with details like cost estimates, fence type, and how much you want them to contribute.\n\n2. **Cross-notice**: Your neighbour has 30 days to object or make counter-proposals. If they don't respond, they're deemed to have agreed.\n\n3. **Agreement or court**: If you can't agree, either party can go to the **Magistrates Court** (the local court) to sort it out. The court has broad powers to decide what fence goes where, who pays what, and when work happens.\n\n4. **Costs**: Usually split 50/50 for a basic \"adequate fence\" (one that meets local standards). If you want something fancier, you pay the extra yourself.\n\n**Special situations:**\n\n- **Emergency repairs**: You can fix urgent damage without notice and recover half the cost later\n- **Unknown neighbour**: You can post a notice on their property or apply to court if you can't find them\n- **No neighbour yet**: You can build and recover costs from whoever buys the land later\n- **Roadside fences**: If someone benefits from your fence along a public road, they might have to chip in\n\n**Why it matters:**\n\nFences are the most common source of neighbour disputes. This Act prevents fights by creating clear steps, formal notices, and a cheap court process. It also protects property rights — for example, a fence built off the true boundary won't let someone claim your land through \"adverse possession\" (squatter's rights).\n\n**Key protections:**\n\n- You can enter your neighbour's land to do authorised fence work (with 2 days' notice)\n- Old \"prescriptive rights\" to fencing (ancient obligations to maintain fences) are abolished\n- The Act doesn't override other laws that might give councils or authorities special powers"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Amendments since 1975 have updated procedural and jurisdictional details (e.g. court references, added appeal cost variation s 12A, clarified \"adequate fence\" standards and tenant/landlord rules) and added a specific extinguishment of prescriptive fencing rights (s 21) and a clearing-scrub power (s 22). These are refinements within the original purpose—establishing a statutory regime for dividing fences—rather than a substantial enlargement of the Act's scope beyond regulating the erection, repair, maintenance and cost-sharing of dividing fences."},"complexity_factors":["Single central definitions section with ~15 defined terms (s 4) including multi-part definition of \"owner\" and \"cost\"","Multiple procedural steps with time limits (notice, 30-day objection period, 28-day commencement, default 4-month lapse) creating conditional logic (s 5–8)","Broad judicial discretion with many possible orders and re-opening powers (s 12(2)(a)–(l), s 12(3)–(5))","Special default apportionment rules plus an \"adequate fence\" exception that changes liability calculation (s 12(6)–(8))","Several specialised provisions affecting different stakeholders (landlord–tenant s 14, life tenant and remainderman s 15, Crown land exceptions s 20)","Cross-references to other statutes (Magistrates Court Act, Real Property Act, Crown Lands Act) and to schedule forms","Discretion for regulation and Governor’s exemptions (s 20(3), s 22(2)) that may alter application","Procedural formality requirements and service methods (s 19) and a \"comply in substance\" safety valve (s 23(1))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Sets a simple statutory process for neighbouring landowners to erect, replace, repair or maintain fences that divide their land (\"dividing fences\"). Key steps are: serve a written notice describing the proposed work and cost (s 5), allow the neighbour 30 days to object with a cross-notice (s 6), and then proceed if there is no objection or after agreement or court determination (s 8).\n- Gives the Magistrates Court broad powers to decide disputes about fence location, type, compensation for loss of occupation, who must do the work, how costs are divided, and related matters (s 12). The court can correct or vary agreements reached under the Act (s 12(d), (e)).\n- Provides default rules for how the cost of fencing work is shared between adjoining owners. Costs are generally apportioned according to the benefit each owner derives; absent proof, benefit is presumed equal (s 12(6)). A special \"adequate fence\" rule caps contributions for improvements above a minimum standard (s 12(7)–(8)).\n- Contains procedures for special situations: where the neighbour’s identity or location is unknown (s 9), where there is no adjoining owner (s 10), where a fence borders a public road and benefits other landowners (s 11), and where fences are damaged and need urgent repair (s 16).\n- Addresses related matters: landlord–tenant recovery of fencing costs (s 14), contributions between life tenants and remaindermen (s 15), power to enter land to carry out agreed or court-ordered work (s 18), limited clearance of scrub near a fence (s 22), and that any prescriptive (long‑standing common law) obligation to fence is replaced by this Act (s 21).\n\nWho this affects\n\n- Private landowners whose land is contiguous (shares a common boundary or is separated only by a right-of-way up to 1 metre) with another parcel (definitions in s 4(2)).\n- Tenants and landlords: landlords can recover part or all of fencing liabilities from tenants depending on how much of the lease remains when the work is done (s 14).\n- Life tenants and remaindermen: a life tenant who pays fencing costs can recover a proportionate contribution from the remainderman (s 15).\n- Crown instrumentalities and councils in most cases are covered, but there are exceptions (s 20).\n- Contractors and surveyors named in notices may be identified by the proponent; surveys and reasonable labour are part of the \"cost\" (s 4).\n\nWhy it matters (official purpose claims and practical effects)\n\n- Officially the Act provides a clear, statutory process for resolving disputes about shared fences and for apportioning costs. That replaces relying on older common‑law prescriptions or ad hoc private agreements.\n\nHow the law changes incentives, costs and decisions (analysis)\n\n- Who pays: The Act creates a statutory mechanism for cost‑sharing. It shifts some decision‑making power away from unilateral action by one neighbour and toward negotiated agreement or court determination (s 5–8, s 12). In the absence of agreement, the default presumption is equal benefit and therefore equal sharing (s 12(6)). Where a higher standard fence is chosen, the co‑owner’s contribution can be limited to half the minimum cost of an \"adequate fence\" (s 12(7)).\n- Who decides: Owners can decide by agreement. If they disagree, the Magistrates Court resolves the dispute with wide remedial powers (s 12). That centralises dispute resolution and creates a predictable forum—but also introduces litigation costs and judicial discretion into what might otherwise be a private bargaining outcome.\n- Private choice and contract freedom: Parties may contract around the Act (e.g. lease provisions), but contractual allocations are subject to some statutory constraints (s 14(4) gives tenants defences; s 23 preserves substantive deviations where done in substance). The Act therefore limits absolute freedom to ignore the statutory notice-and-wait process.\n- Compliance burden: Proponents must use prescribed forms in the Schedule (or comply in substance: s 23(1)), sign notices and serve them personally or by registered post (s 19). Time limits (30 days to object, 28 days to commence work after becoming entitled, default four‑month lapse period: s 8) impose deadlines that raise transaction costs for owners who want to coordinate work.\n- Implementation risk and uncertainty: The court’s discretionary power to determine what is \"just\", to define an \"adequate fence\" (s 12(8)), and to re-open agreements (s 12(2)(d)) creates outcome uncertainty. That uncertainty is a real cost: parties may prefer litigation to negotiating around ambiguous notions (e.g. \"general standards of good fencing in the locality\").\n- Effects on private enterprise and markets: The Act minimally regulates contractors (they may be named in notices, s 5(2)(f), s 5(4)(d)); it does not prescribe supplier choices or prices. However, the statutory apportionment rules and the ability to include survey costs in recoverable \"costs\" (s 4) increase predictable demand for surveyors and fencing contractors in disputed cases. Those are modest market effects rather than direct regulation of businesses.\n- Transfer and future liability: The court may order contribution to be paid by a future owner who acquires contiguous land (s 10). That creates a potential contingent liability attaching to land that purchasers should investigate.\n- Public land and exceptions: The Act generally applies to Crown land and councils but excludes large single Crown parcels (>1 ha), public roads, and anything exempted by regulation (s 20). The Governor can make further exemptions by regulation.\n\nCosts, trade-offs and implementation notes\n\n- Concentrated benefits: Owners who push to upgrade fences secure the immediate improvement; costs are shared under statutory presumptions, so the upgrader may not pay all benefits he confers (see s 12(6)–(8)).\n- Diffuse costs: Many small disputes will impose legal time and money costs on owners; parties with small stakes may find the litigation cost disproportionate to the value at issue.\n- Risk of litigation over standards: Ambiguity about what is an \"adequate fence\" (s 12(8)) and the court’s broad discretion can create repeated disputes about relatively low‑value works.\n- Administrative burden: Use of prescribed forms and service requirements (s 19), and possible need to apply to court where the neighbour is unknown (s 9) or absent (s 10), adds procedural steps compared with purely private arrangements.\n\nKey sections to note\n\n- Notices and timing: s 5–8, s 19\n- Court powers and cost apportionment: s 12 (including s 12(6)–(8))\n- Urgent repairs and damage: s 16\n- Landlord/tenant: s 14\n- Life tenant/remainderman: s 15\n- Crown land and exemptions: s 20\n- Extinguishing prescriptive fencing rights: s 21\n- Clearing scrub (up to 2 m each side): s 22\n\nBottom line\n\nThe Act replaces informal or common‑law arrangements with a statutory, court‑backed procedure for agreeing, performing and allocating costs of dividing fences. It imposes a small procedural and informational burden on landowners (formal notices, time limits, possible court involvement) in return for clearer default rules about who pays and for what. The biggest practical trade‑offs are (1) predictable but sometimes inflexible cost‑sharing rules, and (2) exposure to court discretion and litigation costs where neighbours cannot reach agreement."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the legislative text was not retrievable due to a broken URL following a website migration on 24 March 2026."},"complexity_factors":["No legislative content was returned — only a website error page","Cannot assess complexity without access to the actual text of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content for the **Fences Act 1975 (SA)** could not be retrieved. The link provided returned a **\"Page Not Found\"** error from the South Australian legislation website, likely due to a website update that occurred around **24 March 2026**, which broke older bookmarks and hyperlinks.\n\n### What we do know:\n- This is a **South Australian** law dealing with fencing between neighbouring properties\n- It dates from **1975**, making it a long-standing piece of legislation\n- To access the actual content, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Fences Act 1975\n\n### Who it typically affects:\n- **Property owners and neighbours** with shared boundary fences\n- **Landlords and tenants** with fencing responsibilities\n- **Local councils** and **developers**\n\n*No substantive legal analysis can be provided without the actual legislative text.*"}},"importantCases":[],"_links":{"self":"/api/acts/fences-act-1975","history":"/api/acts/fences-act-1975/history","analysis":"/api/acts/fences-act-1975/analysis","conflicts":"/api/acts/fences-act-1975/conflicts","importantCases":"/api/acts/fences-act-1975/important-cases","documents":"/api/acts/fences-act-1975/documents"}}