Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 4

    (1)     This section applies if—

        (a)     adjoining parcels of land are not separated by a fence; and

        (b)     the occupier of 1 of the parcels has asked the occupier of the adjoining parcel to join in erecting a fence between the parcels; and

        (c)     either—

              (i)     the occupier of the adjoining parcel has refused to join in erecting the fence; or

              (ii)     the occupiers of the parcels are unable to agree about a matter relating to the construction of the fence.

    (2)     Either occupier may apply to the ACAT for a new fence determination.

Note     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

for the application, the form must be used.

    (3)     However, an occupier must not apply to the ACAT unless—

        (a)     the occupier has given the occupier of the adjoining parcel (the  other occupier ) a notice asking the other occupier to discuss erecting, and paying for, the fencing of the boundary between the parcels; and

        (b)     30 days have passed since the day the occupier gave the notice to the other occupier.

Note     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

for the notice, the form must be used.

    (4)     For subsection (1), an occupier who does not join in erecting a fence within 14 days after the day the occupier is asked to join is taken to have refused to join in erecting the fence.