Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 5

    (1)     This section applies if—

        (a)     adjoining parcels of land are separated by a fence; and

        (b)     the occupier of 1 of the parcels of land has asked the occupier of the adjoining parcel to join in repairing or replacing the fence; and

        (c)     either—

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

              (ii)     the occupiers of the parcels of land are unable to agree about a matter relating to the repair or replacement of the fence.

    (2)     Either occupier may apply to the ACAT for a repair 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, the occupier of a parcel 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 the repair or replacement of the fence 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 repairing or replacing a fence within 14 days after the day the occupier is asked to join is taken to have refused to join in repairing or replacing the fence.