11Notice to carry out fencing work

#### 11 Notice to carry out fencing work 11 Notice to carry out fencing work > > (1) An adjoining owner may require the other adjoining owner to contribute, under this Act, to the carrying out of fencing work by serving a notice in writing to that effect on the other owner. > > > (2) The notice is to specify the following: > > > > > (a) the boundary line on which the fencing work is proposed to be carried out or, if it is impracticable to carry out fencing work on the common boundary of the adjoining lands, the line on which it is proposed to carry out the work, > > > > > (b) the type of fencing work proposed to be carried out, > > > > > (c) the estimated cost of the fencing work. > > > (3) The owner serving the notice may propose that the cost of the fencing work is to be borne otherwise than in equal proportions. In such a case, the notice is to state the proposed proportions. > > > (4) The description of land in a notice need not particularly define the land if it allows no reasonable doubt as to what land is referred to in the notice. > > > (5) An adjoining owner is not liable to contribute to the cost of any fencing work in respect of a dividing fence: > > > > > (a) carried out before a notice under this section is served on the adjoining owner (unless section 9 applies or the notice is served in accordance with section 22), or > > > > > (b) carried out after the service of the notice on the adjoining owner and before agreement is reached by the adjoining owners concerning the fencing work (including the contributions to be made in respect of the work) or before the matter has been determined by the Local Court or the Civil and Administrative Tribunal. > > **s 11:** Am 2007 No 94, Sch 1.31 \[1\]; 2013 No 95, Sch 8.9 \[5\].