Owners who damage or destroy a dividing fence
9 Owners who damage or destroy a dividing fence
An owner of land is liable for the entire cost of fencing works and any subsidiary works to repair or replace a dividing fence that separates the land and the adjoining land if the dividing fence is damaged or destroyed by a negligent or deliberate act by—
the owner; or
a person who has entered the land with the express or implied consent of the owner.
Note
Causes of damage or destruction of dividing fences may include creepers, the piling of soil against fences or the attachment of objects such as clotheslines to dividing fences.
Subsection (1) does not apply to the damage or destruction caused in the course of authorised fencing works.
To avoid doubt, the damage or destruction of a fence by a negligent or deliberate act includes the damage or destruction of a dividing fence that occurs in the course of developing land.
To avoid doubt, subsection (1) does not affect any rights of an owner of land who is liable under that subsection against the person who caused the damage or destruction of the dividing fence.
S. 10 substituted by No. 30/2014 s. 6.
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