294: QUEENSLAND AGRICULTURAL JOURNAL. [1 Ocr., 1902. 
A. QUESTION OF FENCING. 
’ H.H., Serubby Creek, Pittsworth— 
Question 1.—Four years ago I bought a farm. The previous owner told 
me that the left half of my boundary fence was mine and that I 
must keep it in repair. My neighbour, who had put wire netting 
on this portion, previous to my occupancy, removed it after twelve 
months. I want to make this part of my paddock wallaby proof. 
Can I force him to replace the netting or can I compel him to 
make the right half pig proof? I keep pigs and he does not. 
Answer 1.—If a dividing fence requires repair notice may be served by 
either owner on the other to assist or contribute to the repairing of 
such fence. 
If the occupier who has received notice fails or refuses to assist 
in such repairs within three months, the other party may repair it 
himself and recover half the cost from his neighbour. 
In case of dispute or difference between the owners or occupiers. 
of adjoining lands, the matter may be settled by an appeal to the 
law. The justices then may decide as to the description and 
sufficiency of any fence erected. 
In no case shall a judgment be given which will involve an 
expense in the erection of any fence exceeding the fair and usual 
price for the erection of a three-railed fence, and the amount 
sought to be recovered shall only haye reference to the state of the. 
fence at the time and not to the original cost of the fence. 
As you keep pigs and he does not you must make your whole 
fence so secure that ou pigs cannot annoy him, but you cannot 
compel him to share the expense of palings or wire unless you are 
in a town. 
The question of forcing your neighbour to replace the netting is. 
a question for a lawyer to answer. 
Question 2.—Does the Fencing Act of Queensland contain any definition 
as to which part of the fence each neighbour has to keep in order ? 
Answer 2.—Clause 12 of the Queensland Fencing Act says:—The 
owners or occupiers of any adjoining lands may agree between 
themselves as to what portion of the fence each shall keep in repair 
or erect. Such agreement must be in writing and must be witnessed 
by a clerk of petty sessions. 
ANOTHER FENCING QUESTION. 
Enqurrer, Nambour— 
Question.—A, who has a farm partly fenced, keeps cows. B, who has a 
farm, one side (road) fenced, grows cane, &e. A’s cows get into. 
B’s farm and destroy cane. Is A liable, or is B supposed to fence 
to keep cows out? The farms do not join. 
Answer.—The question is rather vague. Does B grow cane, &c., on 
land only fenced on one side? If so, B, not having enclosed all 
his land by a sufficient fence, is not entitled to any damages under: 
the Impounding Act for loss from destruction of his cane. But, 
under section 46 of the Impounding Act, he is not debarred from 
entering a civil action against the owner of the cows through which 
the damage to his cane was caused. 
