Boundary Fences Act 1908
17Where river, &c., natural boundary, power to agree on line of fence
Start here
Get a plain-English read of 17
Turn the raw legal text into a practical explanation grounded in Boundary Fences Act 1908.
17 Where river, &c., natural boundary, power to agree on line of fence
(1) When a river, creek, natural watercourse, or rocky or impracticable land forms the boundary of contiguous lands, the owners of such contiguous lands may agree upon a line of fence on either side of, or partly on one side and partly on the other side of, and across such river, creek, or natural watercourse, or rocky or impracticable land; and in the event of their not making any such agreement either party may refer the matter to arbitration in the manner provided by Part IV , and the arbitrators shall determine –
(a) whether any fence is necessary;
(b) the line of fence to be erected; and
(c) whether any and what compensation in the shape of an annual payment shall be paid to either of the parties occupying such contiguous lands in consideration of loss of occupation of land.
(2) The occupation of lands on either side of such line of fence shall not be deemed adverse possession, and shall not affect the title to or possession of any such lands, save for the purposes of this Act.