Lawlink NSW: Report 59 (1988) - Community Law Reform Program: Dividing Fences

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Report 59 (1988) - Community Law Reform Program: Dividing Fences

History of this Reference (Digest)

Table of Contents

Community Law Reform Program
Terms of Reference
Participants
Summary of Principal Recommendations

CHAPTER 1. THE REFERENCE
I. Background to the Reference
II. Consultation
III. Acknowledgements
Footnotes

CHAPTER 2. LAW OF DIVIDING FENCES: HISTORY AND CURRENT LAW
I. Historical Development of Dividing Fences Legislation
II. Current New South Wales Legislation

A. Dividing Fences Act 1951

1. Scope of the Act

2. Construction of Dividing Fences

3. Repair of Dividing Fences

4. General Provisions

B. Crown Lands Legislation

1. Crown Lands Consolidation Act 1913

2. Closer Settlement Act 1904

3. Returned Soldiers Settlement Act 1916

4. Western Lands Act 1901

C. Pastures Protection Legislation

D. Other Fencing Legislation

1. Bush Fires Act 1949

2. Mining Act 1973

3. Public Works Act 1912

Footnotes 21

CHAPTER 3. PRINCIPAL RECOMMENDATIONS FOR REFORM
I. Guidelines for Reform
II. Consolidation and Rationalisation of Dividing Fences Legislation
III. Construction and Repair of Fences
IV. Determination of Disputes

A. Local Courts and Local Land Boards

B. Factors for Judicial Consideration: Definition of “Sufficient Fence”

C. Non-Judicial Methods of Dispute Resolution

1. Agreement

2. Mediation

3. Arbitration

D. Rights of Appeal

V. Apportionment of Costs for Fencing Work
VI. Planning and Local Government Issues
VII. Where No Contribution is Sought
VIII. Liability of the Crown and Other Public Bodies
Footnotes

CHAPTER 4. FURTHER RECOMMENDATIONS FOR REFORM
I. Definition of “Fence”

A. General

B. Retaining Walls

II. Damage to Fences

A. Part Construction by Each Owner

B. Urgent Repairs

C. Negligent or Deliberate Act

III. Notice Requirements
IV. Substantial Compliance
V. Lands Separated by a Road or Watercourse
VI. Fencing Easements
VII. Successors in Title
VIII. Options to Purchase
Footnotes

Appendix A: Draft Legislation

Appendix B: Fencing Agreement

Appendix C: Submissions Received

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