Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.12Meaning of dividing fence
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sec.12 Meaning of dividing fence
A dividing fence means a fence on the common boundary of adjoining lands. A fence separating the land of adjoining owners constructed on a line other than the common boundary is also a dividing fence if— it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times. (sec.12-ssec.1) A dividing fence means a fence on the common boundary of adjoining lands. (sec.12-ssec.2) A fence separating the land of adjoining owners constructed on a line other than the common boundary is also a dividing fence if— it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times.
- (a) it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or
- (b) the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times.