37Fences

37 Fences

Scope (1) This section applies to a lessee if: (a) the land comprised in the lessee’s lease adjoins another parcel of land (the adjoining land) that is not part of the lessee’s lease; and (b) one of the parcels of land is National Land; (c) there is no fence on the common boundary between the parcels of land. Minister may direct fence to be erected (2) The Minister may: (a) if the adjoining land is not subject to a lease—by written notice direct the lessee to erect a fence on the common boundary; or (b) if the adjoining land is subject to a lease—by written notice direct the lessees jointly to erect a fence on the common boundary. (3) A direction must specify: (a) the type and standard of the fence to be erected; and (b) the part of the boundary on which it is to be erected; and (c) the period within which the fence must be erected. (4) If a fence is not erected in compliance with a direction under subsection (2) within the period ending 20 business days after the day the direction is given, or such longer period allowed by the Minister: (a) the Minister may, at the cost of the lessee, cause the fence to be erected; and (b) the lessee must pay to the Minister, on demand, an amount determined by the Minister as the cost of erecting the fence or as the proportion of the cost payable by the lessee.

Note: Subsection (4) does not apply to a continuing lease that was granted under the applied provisions of the Leases Ordinance 1918: see section 70.

Fences shown in approved plans (5) This subsection applies if: (a) a works approval or approved plans under the Building Act show a fence on a common boundary or part of the boundary between 2 parcels of land; and (b) one of the parcels of land is National Land; and (c) both parcels of land are leased. (6) If subsection (5) applies: (a) one of the lessees may erect a fence in compliance with the works approval or approved plans; and (b) the lessee who erected the fence may, by proceedings in a court of competent jurisdiction commenced within the period ending 6 months after commencement of the erection of the fence, recover half the cost of doing so (less depreciation) from the other lessee.