Western Australian Current Acts Western Australian Current Acts (1) When an owner of
land has constructed a dividing fence that separates his land from adjoining
land if the fence is a sufficient fence, the owner of the adjoining land is
liable to pay in accordance with the provisions of this section half of the
amount of the value of the fence.
(2) When an owner of
land has, whether before or after the coming into operation of this Act,
without giving a notice pursuant to section 8 or pursuant to any corresponding
provision of any Act repealed by this Act, constructed such a dividing fence
and has not received from the owner of the adjoining land or any previous
owner of it one-half of the amount of the value of the fence, then if the
adjoining owner —
(a) has
completed or completes, or has caused or causes to be completed the
construction of any substantial building or structure on his adjoining land;
or
(b) has
occupied or occupies a building or structure constructed on the adjoining
land; or
(c) has
permitted or permits the lawful occupation by a person of a building or
structure erected on the adjoining land,
the owner who
constructed the fence may give to the owner of the adjoining land a notice
claiming the payment of half of the amount of the value of the fence as
estimated at the date of the claim.
(3) Where the owner of
the adjoining land —
(a)
disputes the need for the dividing fence;
(b)
claims that the dividing fence is not desirable;
(c)
disputes the need for a dividing fence of the particular type that has been
constructed;
(d)
disputes the amount of the value of the dividing fence shown in the claim,
he may, within one
month of the receipt of the claim, give notice to the claimant owner that he
disputes the claim.
(4) The owner who
constructed the fence may, in default of agreement between the owners upon all
or any of the matters referred to in subsection (3), apply to the court at the
place nearest to the place where the fence was constructed claiming that the
owner of the adjoining land has failed to pay half of the amount of the value
of the fence in accordance with subsection (1).
(5) The court on an
application made pursuant to subsection (4) may, by order, determine —
(a) the
need for the dividing fence; and
(b)
whether the fence is desirable; and
(c) the
value of the fence as at the date of the claim made under subsection (2); and
(d) the
amount, if any, to be paid, and the period within which that amount is to be
paid, by the owner of the adjoining land to the owner who constructed the
fence.
(6) An order of the
court made pursuant to subsection (5) is final.
(7) If the owner of
adjoining land on whom a notice of claim has been made pursuant to subsection
(2) does not —
(a) pay
the amount of the claim within one month of the receipt by him thereof; or
(b)
within that period give notice to the claimant owner that he disputes the
claim in accordance with subsection (3),
he is liable to pay to
the owner who constructed the dividing fence referred to in subsection (1),
the amount of the claim.
[Section 13 amended: No. 5 of 1969 s. 3; No. 59 of
2004 s. 141.]