NSWIn ForceAct
Dividing Fences Act 1991
5Adjoining owners—land separated by road or watercourse
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#### 5 Adjoining owners—land separated by road or watercourse
5 Adjoining owners—land separated by road or watercourse
> > (1) The intervention of a road or watercourse between 2 parcels of land does not prevent:
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> > > (a) the owners of those parcels of land from being taken to be adjoining owners for the purposes of this Act, or
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> > > (b) a claim for contribution for fencing work being brought in respect of a fence on either side of the road or watercourse.
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> > (2) This section applies only if the fence has been used or, in the opinion of the Local Court or the Civil and Administrative Tribunal could reasonably be used, as a dividing fence by the owners of the land on either side of it.
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> **s 5:** Am 2007 No 94, Sch 1.31 \[1\]; 2013 No 95, Sch 8.9 \[3\].