(1) The
Dividing Fences Act 1961 applies to fencing between lots in a survey-strata
scheme as if —
(a)
adjoining lots were adjoining lands to which that Act applies; and
(b) an
owner of a lot held the lot for an estate of freehold in possession; and
(c)
common property were held by the strata company for an estate of freehold in
possession.
(2) However, if a
notice given under repealed section 123C (as in force immediately before its
repeal) is recorded on the scheme plan, liability for fencing between lots in
the scheme is to be determined as if this section had not been enacted.
(3) This section has
effect subject to the scheme by-laws.
[Section 214, formerly section 123B, inserted: No.
61 of 1996 s. 37; amended, renumbered as section 214 and relocated: No. 30 of
2018 s. 74 and 84.]