Placement of rails and framing
32 Placement of rails and framing
If residential land or commercial land shares a common boundary with land to which the public has general access or over which there is a right of way, the rails and framing must be placed on the side of the dividing fence facing into the residential land or commercial land (as the case requires).
If residential land shares a common boundary with commercial land, the rails and framing must be placed on the side of the dividing fence facing into the residential land.
In all other cases, the rails and framing for a dividing fence must be placed—
if a dividing fence is being replaced by a similar dividing fence—on the same side as the rails and framing were located on the previous dividing fence; or
if the dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence—on the side least subject to weathering.
This section does not apply if an agreement or fencing notice agreement between the owners of adjoining lands, or an order made under this Act, specifies on which side of the dividing fence the rails and frames must be placed.
S. 33 substituted by No. 30/2014 s. 10.
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