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3: Application of Act
or “Where this fencing law applies and doesn't apply”

You could also call this:

“This law allows people to make their own fence agreements”

This law says that agreements between people about fences are still valid. You can make agreements with your neighbour, your landlord, or anyone else about building or fixing fences. These agreements can decide who does the work or if the work should be done at all. The law doesn’t change these agreements, except in one case which is explained in section 6. However, these agreements about fences don’t give you any ownership rights to the land.

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Next up: 5: Fencing covenants and agreements registrable

or “How to make sure fencing agreements stay with the land when it's sold”

Part 2 Agreements

4Act not to interfere with agreements

  1. Except as provided in section 6, nothing in this Act shall affect any covenant, contract, or agreement made between landlord and tenant, or between any adjoining occupiers, or between any other persons, relating to work on a fence or to the question of whether or not any such work should be undertaken; but no such covenant, contract, or agreement shall create an interest in land.

Compare
  • 1908 No 61 s 6