Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.25Contribution—particular State land
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sec.25 Contribution—particular State land
If— an owner constructs a dividing fence, whether before or after the commencement of this section, for adjoining land consisting of the owner’s land and a parcel of land mentioned in section 8 (2) to (4) ; and a person acquires an interest or title for part or all of the adjoining land from the State; the person is liable for half of the relevant fencing cost. At the time the person acquires the interest for part or all of the adjoining land, the State must give the person notice of the person’s liability under this section. In this section— relevant fencing cost means the lesser of— the cost, at the date the fence was constructed, of fencing work required to have a sufficient dividing fence; and the cost, at the date the person becomes liable, of fencing work required to have a sufficient dividing fence. (sec.25-ssec.1) If— an owner constructs a dividing fence, whether before or after the commencement of this section, for adjoining land consisting of the owner’s land and a parcel of land mentioned in section 8 (2) to (4) ; and a person acquires an interest or title for part or all of the adjoining land from the State; the person is liable for half of the relevant fencing cost. (sec.25-ssec.2) At the time the person acquires the interest for part or all of the adjoining land, the State must give the person notice of the person’s liability under this section. (sec.25-ssec.3) In this section— relevant fencing cost means the lesser of— the cost, at the date the fence was constructed, of fencing work required to have a sufficient dividing fence; and the cost, at the date the person becomes liable, of fencing work required to have a sufficient dividing fence.
- (a) an owner constructs a dividing fence, whether before or after the commencement of this section, for adjoining land consisting of the owner’s land and a parcel of land mentioned in section 8 (2) to (4) ; and
- (b) a person acquires an interest or title for part or all of the adjoining land from the State;
- (a) the cost, at the date the fence was constructed, of fencing work required to have a sufficient dividing fence; and
- (b) the cost, at the date the person becomes liable, of fencing work required to have a sufficient dividing fence.